RAJENDRAN Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ARAKKONAM, N.A.A. DISTRICT, ARAKKONAM TALUK POLICE STATION

JUDGEMENT

(1.) THE appeal is preferred by sole accused against the conviction and sentence imposed on him by the Additional Sessions Judge, Vellore in S.C. No. 150 of 1992. The charge against the accused is that on 10.11.1991 at about 6.00 a.m., the accused beat Jayaraman with a stick on his shoulder and head, as a result of which he died on 18.11.1991 and that therefore he is liable to be punished under Section 302 I.P.C. The accused denied the charge.

(2.) THE prosecution has examined P.Ws.1 to 16 and marked Exs.P -1 to P.29 and M.Os. 1 and 2. The case of the prosecution as disclosed from the evidence is as follows: P.Ws.1 and 2 are sons of deceased Jayaraman. P.W.5 is the wife of the accused. On 9.11.1991 at about 6.00 p.m., the wife of P.W. 1, namely, Meena requested P.W.2 to fetch water from bore pumpset. Accordingly, P.W.2 went to Othavadai Street and asked P.W.5 to give one pot of water, but she refused to give water to P.W.2. When P.W.2 insisted P.W.5 to give one pot of water, P.W.5 beat P.W.2 on his cheek. Thereafter P.W.2 returned to the house and informed the incident to P.W. 1.

(3.) P .W.3 the Doctor attached to the Government Hospital, Arakkonam examined Jayaraman at about 9.45 a.m. on 10.11.1991. The Doctor saw lacerated injury on the right side of the head and contusion on his shoulder. Ex.P.2 is the copy of the accident register. The Doctor also sent intimation Ex.P -3 to the police. On the same day P.W.3 examined the accused at about 8.35 a.m. The Doctor saw lacerated injury over the left side of the head and also contusion over the right knee joint and abrasion over the left knee. Ex.P -4 is the copy of the accident register. On the same day at about 8.50 a.m., P.W.5 was examined by Doctor. The Doctor saw contusion over the left side of neck. Ex.P -5 is the accident register. The doctor sent another intimation Ex.P -6 to the police. Thereafter, the injured Jayaraman was sent to Government Hospital, Madras.