SELVAN Vs. STATE

JUDGEMENT

(1.) On ordering notice of motion when this revision was sought to be admitted on 16-4-1996, it was served upon the respondent and the learned Government Advocate had entered appearance on behalf of the respondent. I have heard them for admitting and disposing of this revision.

(2.) This revision was sought to be admitted to challenge the propriety and legality of the impugned order passed by the learned Principal Sessions Judge, Tuticorin in Crl.M.P.No. 2203/95 in S.C. No. 162/95 dated 14-3-1996 declining to discharge the petitioners, who are accused 2,3 and 4 regarding the case in Crime No. 12/93of That tarmadam Police Station V.O.Chidambaranar District.

(3.) The three petitioners herein who are accused 2 to 4 are mother and two sons living together in the same house along with the first accused by name Dhrairaj with hisfamily. Among whom it was stated that the firstaccused alone was married and the rest remain as bachelors and all are being the sons of the fourth accused, the mother. The deceased by name Nobleraj is also the younger son of the fourth accused and the brother of accused 2 and 3 and he was a spend-thrift before his death. However, by availing a loan from a bank, the third petitioner-mother with the consent of the other accused helped the deceased son Nobleraj to purchase a transport van to be run for hire and entrusted it with the said Nobleraj with a view to mend his life. Even so, it was claimed that the said Nobleraj had not rectified his character. But, as a result, he used to spend all of his income derived from running the transport vehicle and also did not pay any money to the bank towards the loan obtained. On the nigh t of 15-1-1993, the said Nobleraj returned to his house and when accosted by his mother about his character and the condition that she would not pay any amount toward s the loan, there was a wordy quarrel between them, and that afterwards he left for his bed which is situated in a room in the upstairs of the said house. On the next day morning, even after a late time passed, since the Nobleraj had not come out, his mother went upstairs and found Nobleraj dead in the bed, itself and nearby an empty pesticide bottle was found. The above factum was reported to the Thattarmadam police station through the Village Administrative Officer at about 4.00 p.m. on 16-1-1993 and accordingly a case in Crime No. 12/93 under Section 174, Cr.P.C. was registered. After conducting the inquest the body was sent to mortuary for post-mortem examination. On dissection of the body by the autopsy doctor, the doctor has opined that due to the pressure given to both sides of the neck, both the corner of hyoid bone of the deceased was found fractured. Further, the serological test conducted over the viscera preserved from the stomach of the deceased revealed that the consumption of poison was also one of the causes of death. That apart, the post-mortem doctor has found that both the tests of the deceased was also congested and injured.