SHRI THAMBUSWAMY Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by a judgement of the Additional Sessions Judge, A & N Islands, Port Blair dated February 21, 2012 in Sessions Case No.60 of 2010 (Sessions Trial No.66 of 2010) convicting him of an offence under s.302 IPC and the order of the judge dated February 22, 2012 imposing the sentence of imprisonment for life with Rs.2,000 fine, in default, a four-month simple imprisonment and ordering him to pay the victim's mother Rs.50,000 compensation.

(2.) The FIR No.89 was registered at Bambooflat police station of the district South Andaman on June 02, 2010 at 9.15 p.m. It was registered under s.307 IPC on the basis of a statement of one Shri S. Karippah of Wright Myo Papita Pahad reduced to writing in Hindi. In the FIR the appellant was named as the sole accused and it was mentioned that the offence was committed on June 02, 2010 at about 8 p.m.

(3.) Karippah's statement was as follows. He was residing with his wife and children in a house rented from one S. Alagar at Papita Pahad. His friend Anil was a resident of the Basti. At Alagar's behest he and Anil were shifting some tins from Alagar's house to a house Alagar was building. They shifted a few tins and some cement to the godown. While they were coming back from the under construction house to the old house suddenly the appellant, a resident of the Basti, confronted them and asked Anil loudly why did he beat the appellant. In reply Anil said that he would beat the appellant twice over and asked the appellant to tell what he would do in that case. At this the appellant took out a Dao (a billhook) from the back of his waist and started striking at Anil's neck. Anil fell to the ground. When being frightened he looked at the appellant, the appellant proceeded towards him. In fear of life he ran away to Alagar and told Alagar the whole thing. Alagar and Alagar's son Chandra Kumar came running with him to the scene of the crime and found Anil lying on the ground bleeding profusely from his neck and left hand. They carried Anil to the road. At that time people from nearby assembled there. In a short while ambulance reached. Anil was taken to PHC. The appellant caused the bodily injuries intending to kill Anil. Anil taken to the PHC at once was declared dead. The investigating officer prepared the site plan mentioning that the case was under s.302 IPC and at 10.10 p.m. he prepared the first seizure list showing seizure of blood stained piece of concrete and control piece of concrete from the scene of the crime. It was mentioned that both the samples were sealed in separate packets. One A.P. Jabir and one Deva Kumar were the witnesses to the seizure. At 11 p.m. he arrested the appellant from Wright Mayo for committing Anil's murder. At 11.10 p.m. he prepared the second seizure list showing recovery of a billhook from the appellant and at 11.55 p.m. he prepared the third seizure list showing recovery of the appellant's blood stained T-shirt and lungi. A.P. Jabir and Deva Kumar signed both the lists as witness. He commenced the inquest at 40 past midnight and completed it at 1.30 a.m.