Janarthanam, J. - (1.) THE appellant was the accused in S.C.No. 84/94, on the file of Court of Sessions, Tiruchirappalli Division. He was found guilty for offences under Sections 323, 324 and 302 of the Indian Penal Code, convicted thereunder and sentenced to R.I for six months for an offence under Section 323 I.P.C., as relatable to the causation of certain injuries to P.W. 4, R.I. for one year for an offence under Section 324 I.P.C. for causing of certain injuries as relatable to P.W. 5, and imprisonment for life under Section 302 I.P.C for causing the murder of the deceased Gandhi.
(2.) AGGRIEVED by the said conviction and sentence, the present action had been resorted to. Brief facts are: - (i) The deceased Gandhi and accused are neighbours, of Vamadam village situate within the Jurisdiction of Woraiyur Police Station. P.W. 1 is the wife of the deceased. It appears that for some reason or other, mere was want of cordial atmosphere between the accused and the deceased for about three months, prior to the occurrence, which event happened on 13 -02 -1983. (ii) On the day of occurrence at about 4:00 p.m., the deceased was taking food in his house being served by his wife P.W. I. Adjacent to the house of the deceased one Alangayee, and another Sankarammal were weaving baskets by means of iron rod. The accused was having one sister by name Vanaja. The said Vanaja was stated to be present near the place, where the iron rod baskets were woven. The accused was stated to have beaten his sister Vanaja, then a teenage girl. On receipt of beating at the hands of the accused, she obviously unable to bear such beating, raised a hut and cry. The deceased who was taking food in his house, then attracted by the noise emerging from outside, came out of the house and questioned the propriety of the accused beating his sister. The enraged accused, questioned the property of the deceased questioning him as to the beating inflicted by him upon his own sister. The accused all of a sudden picked up a stone and hurled the same aimed at the deceased. The stone so hurled did not however hit the deceased. (iii) Immediately thereafter, the accused rushed to his house, which is nearby, took out M.O.I, iron and came to the scene again. With the aid of the said M.O.1 iron rod, he aimed a stab on the deceased, which landed on his left chest, causing bleeding injury. On receipt of the injury, the victim deceased cried and before he fell down on the ground, his wife P.W. 1 came to his rescue and took him to her house. (iv) Apart from P.W. I, P.Ws. 2 to 5, it is said were present in the scene and had the fortuitous opportunity of witnessing the occurrence, P.Ws. 4 and 5 were stated to have chased the accused, in rather a bid to catch him. The accused in turn, in order to prevent them from catching him, took out mud and hurled the same towards them. The attempt made by P.Ws. 4 and 5 to catch him did not fructify. However, the accused, with the aid of M.O.I was stated to have stabbed P.W. 5 on his left thigh and left cheek, as a consequence of which he sustained certain injuries on his person. As a consequence of throwing mud and stone by the accused, P.W. 4 was stated to have sustained certain injuries on his head. The accused, however ran away from the scene. (v) P.W. 1 thereafter went to outpost Police Station, Thillainagar, for lodging a complaint. The time was then 4:30 p.m. At that time, P.W. 14, the Sub Inspector of Police was in charge of the outpost Police Station. P.W. 1, gave Ex. P.1 complaint to P.W. 14. She then returned to her house took her husband, the victim deceased to the Government Headquarters Hospital, Trichy, in rather a bid to save his life, thinking that life was still ingering in him. (vi) One Dr. Thirunavukkarasu, attached to the Government Headquarters Hospital, Trichirappalli, happened to examine the victim deceased. On examining him, he found him dead. Ex. P.5 is the death intimation. The prosecution had been handicapped in not examining the said Dr. Thirunavukkarasu. P.W. 7. Dr. Natarajan, Asst. Surgeon, attached to Government Headquarters Hospital, Trichirappalli, acquainted with the handwriting and the signature of said Thirunavukkarasu, had been examined and the death intimation Ex. P.5 had been marked through him. (vii) P.W. 14, after receipt of Ex. P.1, went to the house of the victim deceased. After reaching there, he came to know that the victim deceased had been taken to the Government Headquarters Hospital, Tiruchirappalli. He went there and received Ex. P.5 death intimation. He returned to the Woraiyur Police Station, within whose jurisdiction the occurrence took place and registered Ex. P.1 as a case in Cr. No. 129/93 for an alleged offence under section 302 I.P.C. He prepared express report and sent the same to the concerned officials. (viii) In the meantime, P.W. 11, the Sub -Inspector of Police, in charge of patrol van happened to go to the scene of occurrence at 4:45 p.m. He found P.Ws. 4 and 5 having sustained certain injuries on their person in the occurrence. He made arrangements for their transport and admission at the Government Headquarters Hospital, Trichy for their treatment. (ix) P.W. 15 was the then Inspector of Police. At 8:30 p.m. he received the express report of the First Information and took up further investigation of the case. He reached the scene of occurrence at 9:00 p.m. After inspecting the scene, he prepared Ex. P.7, observation mahazar. He also drew a rough sketch of the scene, Ex. P.21. At 9:30 p.m. he seized the blood stained earth M.O.2 from the pial of the house of the deceased, under Ex. P.8 mahazar. Exs. P.7 and P.8 were attested by P.W. 8 and another. (x) On 14.2.1993, between 7:30 and 10 a.m. he held inquest on the body of the deceased at the Government Headquarters Hospital, Tirchy. During inquest, he examined P.Ws. 1 to S and others. Ex. P.22 is the inquest report. (xi) After the inquest was over, he handed over the body Of the deceased to the Constable, P.W. 12 along with Ex. P.2 requisition, for the purpose of autopsy. At 11:00 a.m., he seized from P.W. , M.O.3 dhothi under Ex. P.9 mahazar. At 11:15 a.m. he seized from P.W. 4 M.O.3 dhothi under Ex. P.9 mahazar. At 11:15 a.m. he seized from P.W. 4, M.O.4 lungi under Ex. P.10 mahazar. Exs. P.9 and P. 10 were attested by P.W. 9. (xii) P.W. 6 Dr. S.K. Palanisamy, was the then Asst. Surgeon, attached to Government Headquarters Hospital, Trichirappalli. On receipt of Ex. P.2 requisition 11:30 a.m. he commenced autopsy over the body of the deceased at 11:45 a.m. Ex. P.3 is the post mortem certificate he issued. He would opine that the deceased would appear to have died due to shock and hemorrhage, as a result of the injury sustained about 12 to 24 hours prior to post mortem examination. After the post mortem examination was over, P.W. 12 seized M.0.5 lungi and M.O.6 waist cord from the body of the deceased and handed over the same at the police station. He handed over the body to its relatives. (xiii) The doctor W.7 examined and treated P.W. 4 for report as to certain injuries said to have been caused on 13.2.1983, due to alleged assault with a stone by a known person at 4:00 p.m. at Vamadam. Ex. P.4 is the wound certificate issued as respects P.W. 4. (xiv) It appears that P.W. 5 had been examined by one Dr. Kulothungan, attached to the said hospital. The said doctor, it is said, treated P.W. 5 for injuries he sustained in the occurrence. Ex. P.6 is the wound certificate the said doctor issued to P.W. 5. Through doctor, P.W. 7, who had been acquainted with the hand writing and signature of Dr. Kulothungan, Ex. P.6, wound certificate had been marked. (xv) P.W. 15 on the same day examined P.Ws. 6,7 and 11. Since the accused was absconding he made arrangements for his apprehension. On 15.2.1983, he sent the seized incriminating M.Os. to Court. (xvi) On 21.2.1983, he sent Ex. P.13 requisition to Court for forwarding the seized incriminating M.Os. to the Chemical Examiner for the purpose of examination. On 1.3.1983, at 5:00 a.m. he apprehended the accused near the bus stop at Kollidam Toll Gate, Lalgudi Road. On interrogation, the accused gave a voluntary confession statement. The same has been recorded in the presence of P.W. 10. Ex. P. 11. is the admissible portion of the said statement. Pursuant to the said confession statement, the accused took P.Ws. 10 and 15 to his house. He took out and produced M.O.I, kept concealed in the roof of his house and the same has been recovered under Ex. 12 mahazar. Exs. P.11 and P. 12 had been attested by P.W. 10 and an other. On 2.3.1983, he examined the doctor, P.W. 6 with reference to M.O.I. On the same day, he sent the accused to Court for remand. On 4.3.1983, he sent M.O.I to Court. On 11.3.1983, he sent Ex. P.17 requisition to Court for forwarding M.O.I to the chemical examiner for the purpose of examination. (xvii) P.W. 13 was the then Head Clerk, attached to Judicial Second Class Magistrate No. 1 Court, Trichirappalli. On receipt of Ex. P.13 requisition, under the direction of the Magistrate he despatched blood stained incriminating articles, excluding M.O.I, to the chemical examiner for the purpose of examination under the original of Ex. 14, office copy of the letter. Exs. P.15 and P. 16 are the respective reports of the chemical examiner and Serologist. On receipt of Ex. P. 17 requisition, as directed by the Magistrate, he despatched M.O.I to the Chemical Examiner for the purpose of examination under the original of Ex. P.18, office copy of the letter. Exs. P.19 and P.20 are the respective reports of the chemical examiner and the Serologist as relatable to M.O.I. (xviii) After completion of investigation, P.W. 15 laid final report under Section 173(2) of the Code of Criminal Procedure, against the accused on 18.5.1983 before the Judicial Sessions Class Magistrate No. 1, Trichy for alleged offences under Section 323, 324 and 302 I.P.C.
(3.) ON committal, learned Sessions Judge, Trichirappalli, framed charges under Sections 323, 324 and 302 I.P.C. as, against the accused, when questioned as respects the charges so framed denied the same and claimed to be tried.;