RAMAR Vs. STATE

JUDGEMENT

(1.) One Ramar viz., A1 and another Subramani viz., A2 have been convicted by the Trial Court under sec.302 read with sec.34 IPC and sec.307 read with sec.34 IPC (four counts).

(2.) Facts leading to the conviction before the Trial Court are in brief as follows:- P.W.s 1 to 5 are native of Kottayur village. PW1 viz., Ramu is the brother of the deceased Rajendran. There was some illicit intimacy between A1 Ramar and PW8 Palaniammal and so, A1 Ramar is known to P.W.s 1 to 5. So, there was some misunderstanding between PW8 Palaniammal and her husband viz. Chinnavan. A1 was using to visit Kottayur village on account of his intimacy with PW8. Whileso, on 7.3.1998 at about 8.30 p.m., PW8 Palaniammal and her husband Chinnavan were quarreling with each other on account of arrival of A1 and his associate A2 at the village. Such quarrel was enquired by the neighbours viz., P.W.s 1 to 5 and the deceased Rajendran. For that, Palaniammal requested them to verify her alleged illicit intimacy with A1 who had come to the nearby Kaliamman temple of that village. Thereupon, the deceased Rajendran along with P.W.s 1 to 5 went to the Kaliamman temple which is nearer and protested about the visit of A1 to the village all the way from his village Muluvi and also directed both the accused to leave the village to avoid inconvenience to PW8 and her husband Chinnavan. Having aggrieved against such direction, A2 Subramani took out two knives viz., M.O.s 2 and 3 from under the seat cover of the Yezdi motorcycle viz., M.O.1 and advised A1 to do away with the people and also handed over the knives to A1. Following that, A1, with M.O.s 2 and 3 in his hands stabbed the deceased Rajendran, on the stomach of PW2 M.Ganesan, on the back of PW3 Krishnakumar, on the left hip of PW4 Sakthivelu and on the left shoulder of PW5 A.Ganesan and that in consequence, the injured Rajendran fell down in front of the house of one Arjunan and died on the spot. Thereupon, the villagers came and caught hold of A2 Subramani and tied him in a pole in front of the Kaliamman temple and A1 Ramar escaped. Thereafter, P.W.s 2 to 5 who were all injured came to the Government Hospital, Salem for treatment at about 11.30 p.m. on 7.3.1998 itself. P.W.10, Dr.Sivasubramaniam examined them and furnished wound certificates viz., Exs.P10 to P13. In the meanwhile, PW1 Ramu, with the help of one Rajendrakumar prepared the complaint Ex.P1 and handed over the same at Veeranam police station. It was received by PW14 viz., Sasidharan, Sub Inspector of Police who was present at that time at the police station at about 1.00 a.m. on 8.3.1998, registered a case in Crime No.160/98 and prepared printed FIR Ex.P20. Thereafter, PW15 Inspector of Police viz., S.P.Murugesan who was in charge of Steel Plant police station received information of the F.I.R., visited the place of occurrence at 6.00 a.m. on the same day and found Ex.A2 tied in a pole and arrested him and also prepared observation mahazar Ex.P2 and rough sketch Ex.P2 showing the place of occurrence. Further, he conducted inquest on the dead body of Rajendran from 7.00 a.m. to 10.00 a.m. in the presence of Panchayatdars and witnesses and prepared inquest report Ex.P22 and made arrangements for sending the dead body for post mortem through PW12 Thiru.Kumarasamy Grade I constable. Further, he recovered the blood stained earth M.O.8, sample earth M.O.9 and he also recovered Yezdi Motorcycle M.O.1, chappals M.O.6 series and M.O.7, blood stained earth, sample earth viz., M.O.s 4 and 5 and made arrangements for treatment to A2 in a private hospital at Ammapettai for his injuries and then he sent A2 to the Government Hospital with the police memo and thereafter he remanded A2 to judicial custody. In the meanwhile PW9 Dr.Sellammal Poori conducted post mortem upon the dead body of Rajendran at 3.45 p.m. on 8.3.1998 and found six ante mortem injuries and gave opinion that the said Rajendran would have died of shock and hemorrhage due to the injuries to the lungs and other parts and furnished post mortem report marked as Ex.P8. Thereupon the regular Inspector of Police viz., Sarkarai PW16 returned to duty on 9.3.1998 and took up further investigation and on information about the surrender of A1 before the Judicial Magistrate, filed necessary petition on 17.3.1998 and took A1 under police custody and recorded his confession statement marked as Ex.P5. In pursuance of such confession statement, he recovered M.O.s 2 and 3 knives and thereafter recovered clothes from the dead body under form 95 and sent all the M.O.s to the Judicial Magistrate with the requisition to send them for chemical analysis. He completed investigation and filed charge sheet against both the accused. After having considered the oral and documentary evidence furnished by the prosecution, the Trial Court has convicted both the accused under sec.302 read sec.34 IPC and sec.307 read with sec.34 IPC (four counts). Challenging the said conviction, this appeal has been filed.

(3.) The defence of the accused is one of total denial and the counsel appearing for the appellants/accused would take us through the entire evidence in this case and contend that there is delay in FIR, the occurrence did not happen in the manner alleged by the prosecution, benefit of doubt is available for the accused, if at all the occurrence is true, the accused could have exercised their right of private defence or at the best they could have attacked the victims on a sudden provocation and there was no motive at all against the deceased or the injured witnesses and therefore, the appellants are entitled for acquittal.