Decided on July 10,1970

In Re : Thimmaraya Chetty Appellant
STATE Respondents


- (1.) Thiru Thimmaraya Chetty, the Appellant herein, stands convicted and sentenced by the Sessions Judge, North Arcot at Yellore, In S.C. 84 of 1967 on his file, to suffer rigorous imprisonment for seven years for an offence under Section 304 Part I of the Indian Penal Code.
(2.) Seshammal, the deceased in this case, was the concubine of P.W. 9, the father of the Appellant. On the. 4th October 1967, she had gone oat to the bazar to purchase some articles. The Appellant who was demanding a partition of the house from his father, locked it when she was thus away. She returned tack, sat in the plal and engaged herself in removing the stones from the articles which she had purchased. P.Ws. 1 to 4, neighbours, intervened and requested the Appellant to open the house, He refused. Seshammal scolded him, saying that he, who was brought up by her, should not behave in that manner. Provoked by this, the Appellant took up M.O. la blow pipe, which was nearby, and beat her in the back and la the chest. He also kicked her on the front of her neck. She fell down. Dropping M.O. 1 at the spot, he scurried away from the place P.W. 9 who had gone to the field, arrived at the house when he was informed about it by P.W. 5, his brother-in-law. They removed the injured to the house of P.W. 11, the village headman and there the report Ex. P-14 was given. They then proceeded to the police station at Nairampall, and handed over the complaint and the report to the Head constable P.W. 12. P.W. 6, the Medical officer at Panchayat UNION dispensary, examined the injured and sent her to the Government Hospital at Tirupattur. Where P.W. 7, the Woman Assistant Surgeon, saw her, there was difficulty in breathing. She admitted her as an Inpatient and Seshammal expired on the next day at 2-40 p.m. P.W. 13, the Inspector of Police, took up the investigation, held the inquest and sent the body for postmortem, P.W. 7, who did the autopsy, opined that death was due to respiratory obstruction, P.W. 13, completed the investigation and charged the accused under Section 302 I.P.C. P.Ws. 1 to 4 who had witnessed the beating and the kicking, deposed to what they had seen. When questioned, the Appellant admitted the acts attributed to him, but stated that he did it because the deceased indulged in filthy language and threatened to beat him with a broomstick. Observing that the Appellant had caused the death by doing an act with the intention of causing such bodily injury as is likely to cause death, and holding that the case would fall under Clause (2) of Section 299 I.P.C., the learned Sessions Judge convicted and sentenced the Appellant under Section 3C4 Part I of the Indian Penal Code. This Is the case.
(3.) P.Ws. 1 to 4 have spoken to the beating and the kicking done by the Appellant, and there is no reason to disbelieve their evidence, The Appellant (sic) that he kicked the deceased on the front side of the neck. P.W. 6 the Medical officer who first examined her at 5 p.m. had seen on her a contusion, 2 1/2 x 1 3/4" in (sic)ze, in the medical end of the right clavicle. There has been a vomiting of the blood and, as stated by P.W. 6, this could be due either in the bearing or to other deceases. Dr. L(sic) Devi (P.W. 7), the Civil Assistant Surg(sic) the Tirupattur Hospital, had seen the injured at 8 p.m. The injured was then a have bit breathless and there was difficulty in breathing She was admitted as an in pat and she (sic)d at 2-40 p.m. on the next day. P.W. 7. who did the autopsy ON her body, on dissection had found that there was congestion in the posterior part of the peritoneum. Congestion was also seen by her on the anterior and posterior mediastines. There were blood clots. Both the bases of the lungs and the upper part of the trachea were congested and pedematous. There was traumatie congestion and oedema in the larynx. She opined that death was (sic)ue to respiratory obstruction due to trauma to cedema of the larynx trachea and mediastinal haematoma, compressing the mediastinal trachea. She has further stated that the respiratory obstruction caused. In this ease would in the ordinary coarse of nature cause death and that this obstruction could be caused by a kicking in the front part of the neck The congestion of the other internal organs was due to the respiratory failure. There were no visible external injuries In the threat. She has further stated that if there was a violent kicking, there should have been some Injuries In the internal organs. She has asserted that chronic asthma would not produce oedema on the larynx. Thus, the deceased had sustained a contusion on the medial end of the right clavicle. She had vomited blood. There was (sic)ma in the larynx, trachea and mediastinal haemateme, compressing the mediastinal trachea. This oodema could not have been the result of chronic asthma, and it had caused respiratory obstruction which resulted in her death.;

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