M. Thanikachalam, J. - (1.) BIRENDRA Rai And Others Vs.State Of Bihar [(2005) 9 SCC 719], State Of Rajasthan Vs. Kishore [(1996) 8 SCC 217] as reiterated in Leela Ram Vs.State Of Haryana [(1999) 9 SCC 525] Takhaji Hiraji Vs. Thakore Kubersing Chamansing And Others (Air 2001 SC 2328), (2) BIRENDRA Rai And Others Vs.State Of Bihar [(2005) 9 SCC 719] And (3) Hem Raj And Others Vs.State Of Haryana [(2005) 10 SCC 614]
(2.) THE accused in Sessions Case No.621 of 2004, on the file of the Additional Sessions Judge (Fast Track Court No.I), Chennai, unable to resist the prosecution case successfully, received conviction and sentence and the result is this criminal appeal. The respondent/police brought the accused/appellants before the trial Court, to face the charge under Section 302 r/w.34 IPC, on the ground that both of them have jointly attacked the deceased Srinivasan due to previous enmity, on 27.8.2004 at about 7.45 p.m. in his house, thereby they have terminated the life of Srinivasan prematurely, for which they should be punished under Section 302 r/w.34 IPC. The learned Sessions Judge, satisfying himself to proceed further, framed charges, questioned, which was denied by both the accused, resulting trial, by the examination of witnesses and marking documents and material objects. The evaluation of the materials, produced by the prosecution, brought to surface, according to the learned Sessions Judge, that the charge against the accused is proved, beyond all reasonable doubt, and in this view, he had convicted both the accused under Section 302 r/w.34 IPC, slapping the sentence on them, to undergo life imprisonment and also to pay a fine of Rs.10,000/= each in default, to undergo RI for two years, which is under challenge in this criminal appeal. The brief facts, necessary to dispose of the appeal: a) the first accused, by name Yuvaraj, is the second son of the deceased Srinivasan. The second accused, by name Kumar @ Kutty is the friend of the first accused. Srinivasan owned a house property in Ellaiamman Koil street, West Mambalam, Chennai-33 where the incident had taken place, which was sold by his wife and sons to one Sudhakaran, as seen from Ex.D.1 sale deed dated 24.11.2003. Even prior to the disposal of the property, there was dispute between the father and sons, in maintaining the house, collecting the rents and enjoying the same. The father, apprehending danger to his property as well as to his person, preferred complaints to the police under Exs.P.21 and P.24, which were enquired and closed under Exs.P.22 and P.25, as spoken to by P.Ws.11 and 13, considering the close relationship between the parties and nature of dispute, viz. civil. Because of the property dispute, there was enmity between father and son. b) P.Ws.1 to 3 are the tenants of the disputed property. The son/A.1, after the disposal of the property along with others, even prevented the tenants or requested them not to pay the rents to the father. When the same was informed by the tenants (P.Ws.1 and 3) to the deceased, he requested them to pay the rents to him, since he is the owner of the property, which caused more grievance, aggravating the enmity. Therefore, the first accused had decided to commit the murder of his father, to eradicate the problem once for all, with the aid of the second accused. c) Both the accused were seen by P.Ws.5 and 6 near the building, before they went to the building of the deceased at about 7.00 p.m. or so. d) On 27.8.2004, at about 7.45 p.m., when the deceased was in his room, both the accused went there and assaulted Srinivasan, indiscriminately, causing cut injuries, using the weapons-M.Os.1 and 11. The deceased shouted for his life, ended in vain. But, the sound was heard by P.W.2, who was living just opposite to the room, where the incident had taken place. Immediately, on hearing the cry of a dying man, she raised alarm, which attracted P.Ws.1 and 3, who are having auto workshop and tailoring shop in the same building, on the Eastern side. When P.Ws.1 and 3 rushed to the scene of crime, they have seen both the accused running away from the scene of crime and one accused, viz. A.2, armed with knife-M.O.1. e) When P.Ws.1 and 3, peeped into the room of the deceased, they have seen Srinivasan in a pool of blood, died. Thereafter, ascertaining the name of the second accused also, P.Ws.1 and 3 went to the respondent Police Station where P.W.12 was working as the Sub Inspector of Police. f) P.W.1 preferred the complaint-Ex.P.1 and on receipt of the same, P.W.12, registered the case in Crime No.693/2004 under Section 302 IPC, for which he prepared Ex.P.23 printed FIR, which was sent to the Court concerned through H.C.7571, marking a copy to the Inspector of Police, then helping him in the investigation. g) On receipt of the copy of FIR, P.W.14-the Inspector of Police, took the case for investigation, reached the spot at about 20.30 hours, where he has noticed the body of Srinivasan, which was photographed with the help of the Photographer under Ex.P.13. Thereafter, in the presence of the witnesses-P.W.8 and others, P.W.14 prepared Observation Mahazar-Ex.P.8, as well as the sketch-Ex.P.26. From the scene of crime, P.W.14 also recovered material objects-M.Os.2 to 11, under Ex.P.9, in the presence of the same witnesses. h) In order to ascertain the cause of death, prima facie, as mandated under law, P.W.14 conducted inquest over the body of Srinivasan, on the same day between 22.15 and 23.45 hours and the results are incorporated in the Inquest Report-Ex.P.27. i) At the request of the Investigating Officer, the Doctor-P.W.10 conducted autopsy over the body of Srinivasan on 29.8.2004 at 12.50 p.m. The autopsy conducted by P.W.10, including dissection of the body, revealed the following injuries, as noted in Ex.P.20 Post-Mortem Certificate: "1. Reddish Brown abrasions: 2 x 1 cms. over front of left clavicle 6 x 0.3 cms. seen over front of upper part of right chest 1 x 0.5 cms. seen over back of right elbow. 4 x 0.5 cms. seen over front of middle of right leg. 2 x 0.3 cms. seen over back of upper part of right index finger. 2. An incised wound 12 x 1 cms x bone deep over right side of face extending from outer aspect of right eye to right ear lobe. Cut fracture seen in the outer aspect of right orbit. 3. An incised wound 3 x 2 cms. x Skin deep over right side of face over the cheek with beveling of skin. 4. An incised wound 5 x 1 cms x bone deep over right side of chin. The underlying mandible shows a superficial cut fracture. 5. An oblique chop wound 9 x 5 x 2 cms. over front of upper part of neck with tailing over right side of neck. The underlying neck muscles and thyroid cartilage partially cut.
(3.) AN incised wound 6 x 3 x 3.5 cms. over right side of lower part of neck. The underlying neck muscles, neck veins and arteries of right side of neck found severed. Underlying cervical rib found partly cut and the underlying spinal cord also found partly severed. An incised wound 6 x 1 cms. x skin deep over front of right shoulder with tailing upwards. An incised wound 6 x 1.5 cms x muscle deep on top of right shoulder with tailing medially. ;