SYED MOOSA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) - The appellant Syed Moosa was tried for an offence punishable under section 302 of Indian Penal Code for committing the murder of one Salim, by the learned Second Additional Sessions Judge in Sessions Case No. 69 of 1989 and the learned Sessions Judge found him guilty for the said offence and sentenced him to undergo imprisonment for life. The said conviction and sentence have been challenged in this criminal appeal.

(2.) The prosecution case in brief is as follows: P.Ws. 1, 2, 3, 7, accused and deceased are residents of Madras City. P.W.1 is an auto driver. On 22-10-1988 at about 3-45 p.m. P.W.1 went to the Maternity Hospital at Pantheon Road to see his relative who has been admitted in the said hospital. He was accompanied by one Simon. When they went to the hospital, they came to know that P.W. 1 relative has not been admitted. Both of them had tea in front of the said hospital. When they were standing they saw an auto rickshaw, which was coming from the side of Ashoka Hotel and it was parked in the sandy place opposite to the hospital. They heard a cry Ayyo, Ayyo, Don't assault me. When they looked into the auto, they saw the accused who caused an injury in the abdomen of one Saleem. The accused after hitting him threw him down from the auto and the said auto went in the same direction from which side it came. P.W.1 and Simon went near the injured. At that time, P.W. 14 Inspector of Police. F-2 Police Station came and enquired P.W. 1 as to what has happened. P.W.1 narrated the incident which was recorded by P.W. 14 and he obtained the signature of P.W.1 in Ex. P1, P.W. 14 after going to the police station. Registered a case in Crime No. 3308 of 1988 for an offence under section 302 I.P.C. He prepared the F.I.R. and forwarded the same to the learned Metropolitan Magistrate which was received by him at 5.45 p.m. in his residence. P.W.14 prepared the Observation Mahazar in the presence of P.W.5. He also prepared the sketch Ex. P15. He also conducted inquest over the dead body as per Ex. P 16. During the course of inquest, he recorded the statement of some of the witnesses. He sent the dead body for post-mortem. The Doctor/P.W.13 held the post-mortem on 24-8-1988 at 12 noon and found the dead body was having 11 injuries which are as follows: 1. Abrasion 1-1/2 x 1/2 cms on upper part of left side of back. 2. Horizontal abrasion on -front of right side of chest 4 x 4 cm long. 3. Oblique abrasion 3 x cms on front of right elbow. 4. 2 cms below injury No.3 linear abrasion 1 x 1/4 cms long on front of right elbow. 5. 6 cms above injury No. 3 a linear abrasion 3 x 1 /4 cms long. 6. Two abrasions 1/2 cm x 1/2 cm on front and inner aspect of left elbow. 7. Oblique abrasion 5 cms long on outer aspect of upper part of left forearm. 8. Two oblique scratch marks 9 cms long on inner aspect of upper part of left forearm. 9. An oblique incised wound 1 x 1/4 x 1/4 cms on parmar aspect of left thumb over the distal phalanx. 10. An oblique wedge shaped incised wound 6 x 2 x 3 cms on left side of front of chest over the left costal arch. The inner end is 3 cms away from the midline. The outer end is 28 cms below the left mid clavieular point with a surrounding contusion 6 x 1 cm over the inner end of the incised wound. On dissection: bruising of underlying tissues 9 x 7 x 1/2 cms with a cut 2.5 x 1/2 cms over the left dome of diaphragm. 11. Oblique wedge shaped stab wound 4 x 2 cms on upper part of front of right side of chest. The upper end is 1/2 cm above the right mid clavicular point and the lower end is 4 cms from the midline. On dissection bruising of underlying tissues 7 x 6 x 1/4 cms with a oblique cut 2 x 1/ 2 cms on 1st right intercostals muscle. On further dissection: Right thoracic cavity contained 1100 C.C. of fluid blood and there is a cut 2 cms long on the upper lobe of right lung over the inner border. The cut in the lung is through and through involving the anterior and posterior surfaces. Depth of the injury inside the lung is 1 cm the depth of the stab wound is 7.5 cms. Right lung collapsed. He furnished his opinion that the deceased would have died due to shock and hemorrhage and due stab injury on his right lung. He issued a certificate Ex. P12. P.W.14 arrested the accused on 26- 10-1988 at about 8 a.m. in the presence of P.W.6 and recorded his confession statement as per Ex. P4. On the basis of the said statement he seized M.O.3 knife under mahazar Ex.P5. After receiving the report from the chemical examiner as per Ex. P10 and Ex. P 13 and after completing the investigation he filed the charge-sheet.

(3.) Learned Sessions Judge framed charge under Section 302 I.P.C. The accused pleaded not guilty. On behalf of the prosecution, P.Ws.1 to 14 were examined. Exts. P1 to P17 were marked and M.Os. 1 to 9 were produced before the Court. On behalf of the defence D.W. 1 was examined. The defence of the accused was one of total denial. Learned Sessions Judge after conclusion of trial and after examining the accused under section 313 Cr. P.C. by putting all the incriminating circumstances which were against him, convicted and sentenced as mentioned above.