KARUPPASWAMY Vs. STATE

JUDGEMENT

(1.) THE accused were charged under Sec.302 read with Sec.34 and Sec.323, INDIAN PENAL CODE, 1860 on the allegation that A-1 to A-3 on 14.5.1987 at about 3.30 p.m. with common intention on committing murder of Oorkavalan A-1 stabbed him, A-2 and A-3 attacked him with stick and caused injuries to him. Charges were framed against A-1 under Sec.302, INDIAN PENAL CODE, 1860 A-2 and A-3 under Sec.302 read with 34, INDIAN PENAL CODE, 1860 and A-3 under Sec.323, INDIAN PENAL CODE, 1860 and the accused pleaded not guilty to the charges framed.

(2.) THE case of prosecution on the evidence of P.Ws. is as follows: P.W.1 is the grandson of the deceased Oorkavalan. THE accused also belong to the same place. P.W.1 knows the accused. On 14.5.1987 at 3.30 p.m., P.W. 1 was staying in the village in front of Kanthariamman temple. Festival was going on in that temple. P.W.1's father P.W.2 was running sound service. On 12.5.1987 and 13.5.1987 for two days, the radio set was brought from Tuticorin and it was being played. After settling the accounts regarding the income of the temple, it was decided to play cinema on 14.5.1987 from the balance of the amount. THE ratio set brought from Tuticorin was sent back. THE Trustee asked P.W.2 to bring the radio set for playing the cinema. P.W.1's father P.W.2 refused hearing quarrels in the village. THE Trustee asked the father of P.W.1 to give the set and he assured that if any problem comes, he would solve it. P. W.9 gave an advance of Rs.10 for the radio set and asked P.W.2 to fix the set. P.W.1's father asked P.W.1 and one Ravi to fix the set in the temple. Accordingly, they fixed the set in the temple and the music was going on. At that time, A-1 armed with big aruval, M.O.1, A-2 armed with aruval on his hip and A-3 armed with big stick came there and they questioned P.W.1 and Ravi with regard to playing of music and Ravi replied that only at the instance of the trustee, the set was fixed there and if the balance amount was paid, the set will be removed. On that A-3 beat P.W.1 on his shoulder with stick saying that he should obey his words. At that time P.W.1's grandfather Oorkavalan since deceased was coming there at a distance of 10 feet and asked the accused as to why they are creating problems. THE deceased also told the accused that only at the instance of Dharmakartha, the sound service was fixed and the amount has to be paid to P.W. 1. A-2 snatched his walking stick from the deceased and beat him on his shoulder. P.W.1 grandfather the deceased fell down. Immediately, A-1, who was already having aruval in his hand stabbed the deceased on his stomach stating that "TAMIL" THE deceased sustained bleeding injury and the intestine came out of the stomach. P.W.1 informed that matter to his father P.W.2 and his junior patenal uncle P.W.4. P.W.1's aunt P.W.3 and another Mookkaiah P.W.8 pushed the intestine Inside the stomach and tied it with towel. As soon as P.W.1's father arrived there, A-1 chased P.W.1's father and stabbed him on his read. P.W.1's paternal uncle P.W.4 prevented that and A-1 stabbed P.W.1's paternal uncle on his nose and two teeth fell down. A-2 stabbed P.W.1's father P.W.2 and ran away from that place. P.W. 1 came near P.W.2 and P.W.4 and they both went to the hospital. P.W.1 then went to the place where his grandfather was lying injured. His grandfather the deceased anted water. P.W.3 gave water. P.W.1's grandfather was sent to Tuticorin Government Hospital along with P.W.1. Mookaiah, Kandaian and Krishnasamy and treatment was given there. THE Head Constable of Tuticorin Police Station, P.W.14 came at 8.00 p.m. to the hospital and recorded the statement of P.W.1's grandfather Ex.P-1 and P.W.1 attested the same. P.W.14 informed about the occurrence to the Ottapidaram police station through wireless. P.W.18, the Sub Inspector of Police, Ottapidaram received information about this occurrence, registered a case in Crime No.101 of 1987 under Sec.307, INDIAN PENAL CODE, 1860 and prepared F.I.R. under Ex.P-22. P.W.14 recorded the statement of the injured and P.W.2 and informed it to Ottapidaram police. P.W.18 registered that complaint in Crime No.100 of 1987 under Secs.323 and 324, INDIAN PENAL CODE, 1860 prepared F.I.R. Ex.P-21 and he sent Exs.P-21 and P-22 to the Judicial Magistrate, Vilathikulam through P.W.11. P.W.5, the Judicial Magistrate, Tuticorin received the information from the General Hospital, Tuticorin for recording the dying declaration of the injured Oorkavalan and P.W.5 went to the hospital and recorded the dying declaration of Oorkavalan in the presence of Dr.K.S.Ramalingam and obtained his thumb impression and also obtained certificate from the doctor with regard to consciousness of the patient. THE patient was conscious throughout the recording of dying declaration Ex.P-3. P.W.18, in the early morning received information about the death of Oorkavalan under Ex.P-13. from P.W.16 the doctor and then, he altered the case to Sec.302, INDIAN PENAL CODE, 1860, prepared express F.I.R. Ex.P-23 and sent the same to the Magistrate court and the Inspector of Police through P.W.12. P.W.18 was helpful to the Inspector of Police for investigation. Thiru Savarimuthu who first investigated the case died. P.W.18 knows his signature and he was present during his investigation. P.W.18 was present when the Inspector prepared the observation mahazar Ex.P-24 and rough sketch Ex.P-25. P.W.18 was also present when the Inspector of Police held inquest on the dead body of Oorkavalan and prepared inquest report Ex.P-26. That Inspector gave requisition Ex.P-14 to the doctor for conducting post-mortem. P.W.10 produced the dead body to the doctor along with the requisition Ex.P-14 for post-mortem. P.W.17 the doctor conducted the post-mortem on the dead body and found the following injuries:

(3.) COUNSEL for the appellant submitted that the eyewitnesses are interested witnesses and they are related to each other and basing on their evidence, the conviction is not sustainable.