GANESAN Vs. STATE

JUDGEMENT

(1.) The appellant was the accused in S.C.No. 45/87 on the file of the 11th Addl. Sessions Judge Madras. He was convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment.

(2.) The case against the appellant is that on 23-7-1986, at about 8.30 p.m., at No. 23, Melpadi Muthu Naicken Street, Nungambakkam, Madras 34, the appellant threw acid on the face of one Ramani Ammal, as a result of which she died on 6-8-1986 at 4.30 p.m. at Kilpauk Government Hospital. The brief facts are as follows: (a) The deceased Ramani Ammal is the mother of P.W.4 Ramesh Babu. She married one Ramadoss in the year 1964. She got divorce from her husband in the year 1975 and shifted her residence from Purasawalkam to Nungambakkam. She stayed at No. 24, New Street, Nungambakkam alongwith her son P.W.4. She purchased the house along with the vacant site in the year 1975. PW-1 Janaki Ammal was the tenant under the deceased for three years prior to the date of occurrence. (b) The deceased wanted to construct a new building after demolishing the old house. So, she sold 1/2 portion of her land and approached P.W.3 Parthasarathy who is a building contractor for the purpose of demolition of her old house and reconstruction. Out of the sale amount she also discharged some loan indebted to P.W.3. P.W.3 by way of helping the deceased undertook the work of demolition and reconstruction and finished the construction of the ground floor and the 1st floor with the available amount with the deceased. From 1980 P.W.3 Parthasarathy developed illicit intimacy with the deceased. So out of his own money he was constructing the second floor of the same building. (c) P.W.3 is already married and his wife is one Prabavathi whose younger brother is the appellant Ganesan. On knowing the illicit intimacy between PW-3 and the deceased Ramani Ammal, Prabavathi, the wife of P.W.3 objected to the conduct of P.W.3 and complained to her brother the appellant herein. Though he was questioned by his wife, P.W.3 did not mend his ways and continue to have the illegal affairs with the deceased. The appellant and P.W.3's wife, on hearing the news that P.W.3 spent a lot of money for the construction of the building for the sake of the deceased, the appellant got angry over this and took Prabavathi to P.W.8 Radha who is the elder sister of PW-3. When both of them complained to P.W.8, P.W.8 informed them that she would settle the problem after the construction work is over. She also requested the appellant not to have any quarrel with P.W.3 or the deceased till then. However appellant challenged that he would however finish the life of both P.W.3 and the deceased within 20 days. Then he left along with his sister Prabavathi. Thereafter, Prabavathi also left from the matrimonial home and joined with her brother the appellant herein. (d) On 23-7-1966 at about 8.15 p.m., P.W.4 Ramesh Babu and the deceased were inside the house. At that time, the appellant Ganesan came there and informed the deceased that he was the person who was sent by P.W.3 to fix the electricity meter inside the house. The deceased suspected him since the electricity meter had already been fixed by another person. So, the deceased asked him to go away telling that the work of fixing the meter was already over. However, on suspecting the appellant, she went to the house of P.W.I Janaki Ammal who is in the adjacent road, for the purpose of phoning upto P.W.3 for verification P.W.7 Natarajan was the mason employed by P.W.3 on doing the construction work in the house of deceased. At that time, P.W.7 was about to leave the place after finishinghis work at about 8.15 p.m. After conveying this to P.W.4 and P.W.7 the deceased went to the house of P.W.1 for phoning up to P.W.3. (e) P.W.1's husband is doing wholesale textile business. She would also help her husband by selling the textiles on instalment basis to the women whoever come for purchase in her house. She is having a telephone in her house. Since for some time earlier P.W.I was tenant under the deceased, she would allow the deceased to use her telephone whenever she required. On 23-7-1986 at about 8.15 p.m., the deceased entered into the house of P.W.I and was ringing up to P.W.3. P.W.I at that time came out and was talking with one Bhanumathiammal, her customer. After sending her off, at about 8.30 p.m. she was about to enter into the house. At that time, she heard a cry from the deceased shouting and she also found that the victim deceased came out of the house emitting smoke from her saree. On hearing the noise P. W.4 and P.W.7also rushed to the scene. Both of them found the accused running from the place. P. W.2 one Subramani is having a tinkering shop which is situated opposite to the house of P.W. 1. When P.W. 2 and others who were inside the shop on hearing the sound rushed to the house of P.W.1 along with others. Immediately thereafter P.W.2 and P.W.4 took the victim in an auto and admitted her in the Kilpauk Medical College Hospital. (f) P.W.5 Doctor Abdul Rahim attached to the Kilpauk Medical College Hospital examined the victim at about 8.40 p.m. When she was questioned the victim told him that one unknown person caused injury on her by throwing acid bottle. He found burn injuries on her face, right shoulder, on both hands, chest and abdomen portion and thighs. Then she was sent to the Emergency Ward. Ex.P-1 is the Accident Register. P.W.6 Dr. Sudhakar Prasad was in the Emergency Ward on 23-7-1986 and at about 8.45 p.m. he examined the victim and gave treatment. The victim told him also that on 23-7-1986, at about 7.45 p.m. while she was talking in telephone, an unknown person threw acid bottle and caused the burn injuries all over her body. Ex.P-2 is the case sheet which was prepared by Dr. Manohar who was also assisting P.W.6. (g) P.W.14 Head Constable attached to the Nungambakkam Police Station received the intimation from the Kilpauk Medical College Hospital at 10.00 p.m. informing that the victim Ramani was admitted in the Hospital with burn injuries. He went to the hospital and examined her. She gave a statement which was reduced to writing by P.W.14 and thumb impression was obtained thereon. Ex.P-15 is the complaint. He then came to the Police Station and registered a case in Crime No. 1136/86 for the offences under Sections 448 and 307 I.P.C. Ex.P-16 is the printed F.I.R. He despatched the documents to the Court as well as to the senior officials. P.W.15 Inspector of Police, on receipt of message at 10.30 p.m. came to the Police Station and took up the investigation. He went to the Hospital and recorded a statement from the victim which is Ex.P-17. He also recovered M.Os. 2 to 4 the clothes worn by the deceased in the presence of PW-9 under Ex.P-4 mahazar. (h) In the meantime P.W.15 examined P.Ws.3, 4 and 5. He also sent a requisitionto the Magistrate requesting him to record dying declaration from the victim. Thereafter, he went to the spot and prepared Ex.P-5 observation mahazar and recovered broken bottle (M.O.5) with glass pieces under Ex.P-6. He also drew the rough sketch Ex.P-18. Thenhe examined P.W.I Janaki, P.W.2 Subramaniam and one Kuppusamy. (i) In the meantime P.W.10 Magistrate received the requisition at about 1.05 a.m. on 24-7-1986 and came to the Kilpauk Medical College Hospital and there he recorded statement from the victim between 1.30 a.m. and 2.00 a.m. After reading over the same to her, he obtained her thumb impression on her admitting that the contents therein are true. PW-10 also obtained a certificate from Doctor Manohar who was present then. The said statement and the certificate is Ex.P-8. On 24-7-1986 at about 9.00 a.m., P.W.3 Parthasarathi came to the Police Station and gave the photograph of the appellant, since he is the suspect involved in the crime. He showed the same to P.W.4, son of the deceased. On seeing the photo, P.W.4 said that he was the person who came to the house of the deceased on the pretext of fixing the electric meter in the house. On 25-7-1986, P.W.15 went to the Kilpauk Medical College Hospital and showed the photograph of the appellant to the victim / deceased who identified that the person in the photograph was the Culprit. He also recorded a statement from the deceased which is Ex.P-19. P.W.16 Murugavel, the successor of P.W.15, took up charge as Inspector of Police of Nungambakkam Police Station on 1-8-1986 and continued the investigation in this case. On 6-8-1986, in spite of the treatment given by the doctors, the deceased died. So from the hospital, death intimation was sent to the concerned police, which is marked as Ex.P-3. On receipt of this intimation P.W. 16, altered the case into Section 302 I.P.C. and sent express report Ex.P-20 to the Court, as well as to the senior officials. He went to the Kilpauk Medical College Hospital and held inquest over the dead body of the deceased on 7-8-1986 between 9.00 a.m. and 11.15 a.m. He conducted inquest in the presence of the panchayatdars and examined P.W. 3, P.W. 4, P.W. 8 and others. He prepared Ex.P-21 inquest report. He sent requisition Ex.P-9 to the Doctor P.W. 12 for post-mortem. P.W. 12 doctor Ankayarkanni on receipt of the requisition commenced the postmortem on 7-8-1996 at about 12.30 p.m. and found the following injuries: Infected deep acid burns over the face, neck, anterior half of the scalp, anterior aspect of both the upper limbs, upper medial quadrant of the right breast, upper half of the left breast, an area of 4 cms. in breadth, to a length of 6 cms. over the centre of the abdomen anterior aspect of the middle third of the right thigh, lateral aspect of the middle 3rd of left thigh and centre of the back of gluteal region amounting to 30% of surface area of the body. In some of the areas the margins of the burnt areas appeared black and leathery in consistency. She also found her chambers empty, stomach empty and all other internal organs were found congested. She was of the opinion that the deceased would appear to have died of shock due to delayed complications of acid burns. On 20-8-1986 at about 4.30 p.m., P.W.16 Inspector of Police arrested the accused. He found some burn injuries on his hand. On interrogation, he gave a statement that he sustained injuries on 23-7-1986 and that on the next day 24-7-1986 he went and took treatment from doctor P.W.ll. He also took P.W.16 to the St. JohnHospital at Teachers Colony in Erukkancheri and identified P.W. 11 doctor. P.W.11 Doctor Bhushan Rajgave a statement to P.W.16 that on 24-7-1986 at about 7.30 p.m., the appellant came to him and took treatment for the injuries sustained on the hands due to acid. He also produced the registers to the police officer to show that the appellant came to the hospital and took treatment for the said injury where his patient number is noted as 8302 in page No. 521. Thereafter, P.W.16 arranged to send the accused for further examination through another doctor P.W.12. (1) P.W.12 Doctor Angayarkanni, examined the accused and found the burn injuries on the right hand. He gave certificate Ex.P-11. Thereafter he arranged to send the M.Os. alongwith the requisition P-12 to the Court for causing them to be examined in the Forensic Laboratory. P.W.13 Court Clerk sent these M.Os, with the covering letter of the Magistrate which is marked as Ex.P-13 for their chemical analysis. Ex.P-14 is the Chemical Analyst's report received by the Court. After completing the investigation on 26-11-1986, P.W.16 filed charge-sheet against the appellant under Section 302 IPC.

(3.) On committal, the trial Court framed charges based on record and questioned the accused. The accused pleaded not guilty and wanted to face the trial.