POPULAR MUTHIAH Vs. STATE

JUDGEMENT

(1.) Whether inherent jurisdiction of the High Court is available while dealing with a Criminal Appeal filed by an accused is the principal question involved in this appeal which arises out of a judgment and order dated 18.4.2002 passed by a Division Bench of the High Court of Judicature at Madras in Criminal Appeal No. 696 of 1997.

(2.) The appellants before us were not parties to the said Criminal Appeal. The prosecution case relates to an incidence which took place on 13.3.1992 resulting in death of one Chandran. On 13.3.1992, the brother of Nallakannu @ Muthu was said to have fatally been attacked in Maruthur Village. A case was registered against PW3, the brother of PW1, Arasappan, father of PW1, Vanumamali, brother-in-law of PW3, Raja, son of PW3, Raj son of PW1s sister Ganambal and George (deceased) son of the PW1s sister Ganambal. They were arrested and released on bail subject to certain conditions. PW1 and her relatives after the said incident allegedly shifted to another village Palayamkottai. The father-in-law of PW1 was a homoeopathic doctor. He was having a medical shop. He was also having a hotel commonly known as Hare Krishna" hotel. The medical shop and the hotel were situate opposite to each other near Palaymkottai bus stand and were at a distance of 6 furlongs from the house of PW1.

(3.) On 11.7.1992 at about 3.00 P.M., PW3 - brother of PW1, Arasappan - father of PW1, Vanumamali - brother-in-law of PW3, Raj - son of PW1s sister Ganambal and George (deceased) son of PW1s sister Ganambal came to the house of PW1. As PW1 was not feeling well, she came to the medical shop of her father-in-law to purchase medicines. Nallakannu @ Muthu, Murugan and Popular Muthiah came behind him in a Rajdoot motorcycle. They stopped them near the Palayamkottai bus stand. The appellant Popular Muthiah allegedly shouted to kill George - son of PW1s sister Ganambal and left the scene on the motorcycle leaving behind Nallakannu and Murugan. Nallakannu took a sickle which is said to have been hidden in his shirt and assaulted George on the left side of his neck. The deceased who received bleeding injury left his chappals there and started to run from the said place. Nallakannu and Murugan allegedly chased him. The deceased ran inside Hare Krishna hotel which, as noticed hereinbefore, owned by the father-in-law of PW1. At that time, PW3 - brother of PW1 and PW4 Ashokan, brother-in-law of PW1 were inside the hotel. Upon noticing that the deceased was being chased, PW3 and Ashokan came out of the hotel. Inside the hotel, Murugan is said to have assaulted the deceased on his chest. Nallakannu @ Muthu also assaulted him on the left side of his chest. The deceased also received injuries at their hands on his shoulder and on the left ear. The deceased thereafter fell down whereupon Nallakannu again is said to have assaulted the deceased on the left side of his chest with the sickle. Thereafter, Nallakannu came out of the hotel and went towards west.