- (1.)The appellant is the sole accused in S.C.No.67 of 2005 on the file of the learned Sessions Judge, Karur. He stood charged for the offences under Section 302 IPC and Section 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. By Judgment dated 7.10.2005, the trial Court acquitted the accused from the charge under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "SC and ST (POA) ACT"). However, the trial Court convicted the accused under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for 3 months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.
(2.)The case of the prosecution in brief is as follows:-
(i) The deceased in this case was one Boominathan. He belonged to Scheduled Caste. PW.7 is Mrs.Menaka, who belongs to a different caste. PW.7 was given in marriage much against her wish to another person. But, she could not continue to live with her husband. Therefore, she returned to her parental home and stayed with them. At that time, the deceased had fallen in love for PW.7 and wanted to marry her.

(ii) The accused is the cousin of PW.7. He also belongs to the same community to which PW.7 belongs to. He was forcing PW.7 to return to her matrimonial home to live with her husband. Her husband also came to the house of PW.7 on a few occasions, to take back her into the matrimonial fold. PW.7 wanted to marry the deceased. This was opposed by the accused and other family members of PW.7. But, without the knowledge of the accused and other family members of PW.7, she eloped with the deceased and married him. After the marriage, they were living together as husband and wife at Kaliapatti Village.

The accused belongs to Kulathur Village. After the above marriage, there were ill feelings between the accused on the one side, the deceased and PW.7 on the other side.

(iii) While so, it is the case of the prosecution that on 21.10.2004 at about 7.15 p.m., the deceased was waiting at Jallipatti Bus Stop to board a mini bus. The bus came and stopped at the bus stop. The deceased was getting into the bus through the back entrance of the bus. It is alleged that at that time, the accused suddenly appeared with a knife in his hand and stabbed the deceased from behind. According to the prosecution case, PWs.1 to 5 witnessed the occurrence. PW.2 pulled the accused from behind by holding his shirt but the accused managed to escape from the place of occurrence. The deceased fell out of the bus with bleeding injuries.

(iv) PW.2, immediately, attempted to get a taxi to take the deceased to hospital. For that purpose, he went to Velliyanai Village but the taxi people declined to lend their service. Therefore, he went to Velliyanai Police Station and with the help of the Sub Inspector of Police, he arranged for a van and returned to the occurrence place. By that time, the father and mother of the deceased had also come to the place of occurrence. They took the deceased in the said van to Karur Government Hospital.

(v) PW.17 Dr.Shanmuganathan examined the deceased at the Government Hospital at Karur at 8.30 p.m., on 21.10.2004. He found the following injuries:-

(1) A cut injury 3 cm x 2cm x 1 cm (R) forearm

(2) A cut injury 5 cm x 3 cm x cavity depth (L) back

(3) A cut injury 5 cm x 2 cm x cavity depth (L) lower back.

(4) A cut injury 2 cm x 1 cm x + cm (L) ear

(5) A cut injury 3 cm x 2 cm x 3 cm (L) buttock.

Ex.P10 is the Accident Register. Since his condition was serious PW.6 (father of the deceased) was advised to take the deceased to the Government Hospital, Tiruchirappalli. Accordingly, PW.6 rushed him to the Government Hospital, Tiruchirappalli but on his way, the deceased breathed his last.

(vi) PW.6 produced the deceased before PW.26 Dr.Ravi Kumar, who was on duty in the Government Hospital, Tiruchirappalli, on 22.10.2004 at about 12.20 p.m.(mid night). He found that the deceased was already dead. Ex.P24 is the Accident Register. Then, he forwarded the body to mortuary. He also gave an intimation to the Outpost Police Station at the Government Hospital, Tiruchirappalli in respect of the above.

(vii) It is the alleged that PW.1 went to Velliyanai Police Station at 11.30 p.m., on 21.10.2004 and preferred a complaint. PW.24, a Woman Sub Inspector of Police, attached to the said Police Station, registered a case in Crime No.117 of 2004 under Section 307 IPC. Ex.P21 is the complaint. Ex.P22 is the FIR. She forwarded both the documents to the Judicial Magistrate No.2, Karur and handed over the case diary to PW.28 for investigation.

(viii) PW.28 took up the case for investigation on 21.10.2004. Even before he could commence the investigation, he received an intimation from the Government Hospital that the deceased died of the injuries. Therefore, he altered the case into one under Section 302 IPC at 1.30 a.m., on 22.10.2004.

Ex.P28 is the alteration report. Then, he proceeded to the place of occurrence, prepared an Observation Mahazar and a Rough Sketch at 6.a.m., and then, on the same day, between 11.00 a.m., and 1.00 p.m., he conduced inquest on the body of the deceased and prepared Ex.P30 Inquest Report. Then, he forwarded the body for post-mortem.

(ix) PW.27 Dr.Karthikeyan was the Professor of Forensic Medicine at the Government Medical College, Tiruchirappalli. On 22.10.2004, he commenced the Post-Mortem at 1.25 p.m., on the body of the deceased. He found the following injuries:-

1.A transverse sutured wound, on the back of upper third of left forearm, 3 cm length. On removal of the sutures, the edges are clean cut, 1 cm in breadth and muscle deep.

2. A vertical incised wound, 4 cm x 0.5 cm x half thickness, on the pinna of left ear.

3. A vertical stab wound, 4 cm x 2 cm x cavity deep, on the back of right side of chest, in the supra scalpular region. O/E the edges are clean cut. The upper end is curved and lower end is sharp. O/D the Muscles, blood vessels and nerves are clean cut. A stab wound, 2 cm x 1 cm x 0.5 cm, on the upper lobe of right lung, it is collapsed and on c/s pale. The thoracic cavity contains clotted and fluid blood. The wound is directed, forwards, downwards and inwards.

4. An oblique stab wound, 7 cm x 2 cm x cavity deep, on the back of left side of chest, at the level of D4 vertebra, in 6th intercostal space, close to the vertebral column. O/E the edges are clean cut. The lower right end is curved and the upper left end is sharp. O/D The muscles, blood vessels and nerves are clean cut.

5. An oblique stab wound, 5 cm x 2 cm x cavity deep, on the back of right side of abdomen, at the level of L2 vertebral, close to the midline. O/E the edges are clean cut. The upper inner end is curved and lower outer end is sharp. O/D the muscles, blood vessels and nerves are clean cut. A stab wound, through and through, on the right kidney present, on the posterior surface, 4 cm x 1 cm x full thickenss - Entry wound, on the anterior surface, 2 cm x 1 cm - Exit wound. Collection of blood in the perinephric tissues. The wound is directed, forwards and slightly outwards.

6. An oblique stab wound, 3 cm x 1 cm x 3 cm, on the left loin, close to the iliac crest. O/E the edges are clean cut. The upper outer end is curved and lower inner is sharp. O/D the muscles, blood vessels and nerves are clean cut.

7. A transverse stab wound, 4 cm x 1.5 cm x 6 cm, on the left buttock. O/E the edges are clean cut. The inner end is curved and outer end is sharp. Ex.P27 is the Post-Mortem Certificate. PW.27 opined that the deceased would have died of hypoxia and haemorrhage due to wound Nos.3 and 5.

(x)PW.28 recovered the dress materials found on the body of the deceased.

On 24.10.2004 at 6.30 a.m., he arrested the accused at Kodangipatti Village in the presence of PW.13 and another witness. On such arrest, he gave a voluntary confession in which he disclosed the place where he had hidden the knife.

PW.28 recovered the dress materials of the accused under a Mahazar. Then, in pursuance of the disclosure statement, the accused took PW.28 and the witnesses to Bagawathi Amman Temple and produced a knife (MO.11) from a bush. PW.28 recovered the same. Then, he examined the doctors and collected the medical records.

(xi) PW.19 was the Tahsildar of Karur Taluk during the relevant period.

He issued Ex.P12 Community Certificate certifying that the deceased belonged to Scheduled Caste. He also gave a Certificate under Ex.P13 certifying that the accused belonged to Naicker Community, which is not a Scheduled Caste. PW.28 examined a few more witnesses and recorded their statements. Then, he handed over the case diary to PW.29, the Deputy Superintendent of Police, Karur for further investigation.

(xii) PW.29 again examined PWs.1 to 5 recorded statements. On completing the investigation, he laid charge sheet against the accused under Section 302 IPC and Section 3(2)(v) of the SC and ST (POA) Act.

(3.)Based on the above materials, the trial Court framed appropriate charges against the accused. The accused pleaded innocence. Therefore, he was put on trial. In order to prove the charges, on the side of the prosecution, as many as 29 witnesses were examined, 31 documents were exhibited besides 13 Material Objects.