JANARTHANAM, J. - (1.) The appellant was the accused in S.C. No. 149 of 1985 on the file of the Court of Session West Thanjavur Division at Thanjavur. He was found guilty for an offence under Section 302 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life. Aggrieved by the said conviction and sentence, the present action has been resorted to by the appellant accused.
(2.) Brief facts are:- a. Accused and PW 1 are brothers. They are residents of Alankottai Village, situate within the jurisdictional limits of Paravakottai Police Station. They inherited certain ancestral properties, subsequent to the death of their father. b. Some five years prior to the occurrence, which event happened on 18-7-1985, PW l, in order to the out his livelihood, migrated from the Village and settled down at Madras. He was transacting business in peas and his brother the accused was looking after the ancestral properties. c. Three years prior to the occurrence, PW 1. got married. His father-in-law was one Thangaraj (since deceased). PW 1 was said to have purchased a field going by the name Ulleri Vayal, from out of his earnings: Some five to six months prior to the occurrence, the brothers partitioned the properties between themselves, in the manner suggested by the panchayatdars of the Village. PW 6, their maternal uncle, was one among the panchayatdars. Even the self acquisition of PW 1, namely, Ulleri Vayal or filed was also put in the hotchpot for effecting partition, between the brothers. Subsequent to the partition, accused complained that the partition effected was not equitable and some more properties had to be given to his share. The share of properties that fell to PW 1 in the partition was looked after by his father-in law, the deceased thereafter. d. Some ten days prior to the occurrence, the deceased took a cartload of manure to be spread on the field. At that time, the accused prevented the deceased from doing so stating that unless a repartition of the properties were made equitably, he would not allow the agricultural operations to go on. The deceased appeared to have informed PW 1 as to the dispute raised by the accused later. e. On hearing the 'distress - call-news' from his father-in-law, the deceased, PW 1 commenced his journey from Madras on 15-7-1985 and reached the scene village Alankettai on 16-7-1985. On the night of 17-71985, P. Ws. 6 and 7 and some others met him and apprised that his brother, the accused, had been demanding Rs. 500/- more, since the partition effected earlier was not equitable, in the sense of appropriate share not having been allotted to him. PW 1 appeared to have told them that in due deference to the wishes of the panchayatdars, partition of the properties had been effected and if the panchayatdars, who effected mediation and partition, felt that some more property or money was to be given to the accused, he had no objection for such a course. f. On 18-7-1985 at about 5.30 p.m. he, along with his father-in-law, the deceased, took a cartload of manure to Ulleri field for spreading it as a prelude to agricultural operation. The accused, who was standing there, objected to the unloading and spreading of the manure stating that unless repartition of the properties was made equitably, no agricultural operations should proceed further. On hearing the same, the deceased told the accused as to what had been told by the mediators like PWs6 and 7 the previous night. On hearing the same, the accused got wild and ran into rage and proclaimed that for all these troubles, the deceased was responsible and so saying, he whipped out a soori knife (M.O.1) from his waist and inflicted a stab on the chest of the deceased. By impulse of moment, PW 1 caught hold of the hands of the accused, obviously in a bid to prevent any further attack being mounted and in such process, the accused bit the left wrist of PW 1. in a bid to wriggle out from his clutches. The moment, PW 1, was bitten by the accused, he released the clutches of the accused. The accused then ran away with the soori knife (M. O.1) towards west. PWs 2 to 5 were then available in the neighbouring fields doing some work or other and they had the opportunity of witnessing the occurrence. The victim deceased was then placed in the very same cart utilised for the transport of manure and taken towards the Village. g. After reaching the village, PW 8, a driver cum-taxi owner, had been contacted over phone requiring to go over to the scene village and in the meantime, the victim deceased had been transported in the hillock cart. The moment the taxi of PW 8 bearing registration number MSV 7509 came on the way, the victim-deceased had been placed in the said taxi and taken to the Government Hospital, Mannargudi. When they reached the hospital, the time was about 7 p. m. h. In the hospital, even before admission, he was proclaimed to be dead. PW 1 then went and reached Paravakottai Police Station for the purpose of laying the first information. PW 9 the Sub lnspector of Police (Law and Order) was in charge of the Police Station. To him PW 1, gave a written complaint, Exhibit P. 1 and the same had been registered at 8 p.m. as a case in Crime No. 92/85; under Section 302, IPC by PW 9. He prepared express reports and sent the same to the concerned officials. Exhibits P.3 is the express F.I.R. i. .P.W.I6, was the then Inspector of Police (Law and Order) Mannargudi. On receipt of the express F.l.R. at 10 p.m. he took up further investigation in this case. At 10.30 p.m. he proceeded to the scene village and reached the place of occurrence at 11.30 p.m. With the aid of a petromax light. he inspected the scene of occurrence and prepared Exhibit P.7 observation mahazar. He seized from the place, the blood stained earth, M.O. 4 under Exhibit P8, mahazar. Exhibit P.7 and P.8 were attested by PW 13. He also prepared a rough sketch of the scene, Exhibit P.18. Between 2 and 5 p.m. on 19-7-1985, he held the inquest over the body of the deceased at the Government Hospital, Mannargudi, in the presence of the Panchayatdars. During inquest, he examined PWs 1 to 5, Pappammal and others. Exhibit P.l9, is the inquest report. Immediately after the inquest was over, he handed over the dead body of the deceased to the constable, PW 10, along with the requisition Exhibit P. 4 for the purpose of autopsy. j. PW 11 was the doctor attached to the Government Hospital, Mannargudi. On receipt of Exhibit P.4 requisition, he commenced autopsy at 9.30 a.m. Exhibit P. 5 is the Post mortem certificate he issued. He would opine that the deceased would appear to have died of shock and haemorrhage due to injury to vital organ - heart. He would further opine that the injury could have been caused by a weapon like M.O. 1. k. After the autopsy was over, the Constable PW 10 seized from the body M.O. 2 dhothi and M.O. 3 underwear and handed over the same at the Police Station and the same appeared to have been seized under Form No. 95. 1. P.W. 16, in continuation of the investigation on the same day examined P. W s. 6, 7, 9 and 1O. On 21-7-1985 at 9 a.m. he apprehended the accused near the bus stand at Mannargudi in the presence of PW 14 and another. On interrogation, the accused gave Section 27 (of the Indian Evidence Act) confession statement, the admissible portion of which is Exhibit P.9, which had been attested by PW 14 and another. Pursuant to ExhibitP.9, the accused took PWs 14 and 16 to the road leading towards Alankettai cremation ground and took out and produced M.O. l knife from underneath a dry channel near Neiveli Kattamani bush situate on the east of the road. The time was then 11.30 a.m. The same had been seized under Exhibit P.10 mahazar and the same had been attested by PW l4 and another. Since the accused was found to be having injuries on his person, he despatched him to the Government Hospital, Mannargudi for the purpose of treatment, with a medical memo, Exhibit P. 17 for certain injuries alleged to have been caused on him by stick on 18-7-1985 at about 5.30 p.m. m. On receipt of Exhibit P.17 medical memo, the doctor PW 12, attached to the Government Hospital, Mannargudi examined the accused at 2.10 p.m. and gave him treatment for the injuries he found on his person. Exhibit P.6 is the wound certificate he issued. He opined that the injury found described in Exhibit P.6 could have been caused at the time and manner alleged. He further opined that all these injuries are simple in nature. n. On 28-7-1985, PW 16 examined the doctor PW 11 with reference to the knife, M.O. 1. On 15-8-1985, he forwarded Exhibit P.11 requisition to the Judicial Second Class Magistrate, Mannargudi for the purpose of despatching the incriminating material objects to the Chemical Examiner for the purpose of examination. On 16-8-1985, he examined PW 8. o. P.W. 15 was the then Head Clerk attached to the Judicial Second Class magistrate, Mannargudi. On receipt of Exhibit P. 11 requisition, the material objects concerned in the case had been separately packed and sealed and sent to the Chemical Examiner, as per the directions of the Magistrate, under the original of Exhibit P.12, office copy of the letter. Exhibits P.13 and P.14 were respectively the reports of the Chemical Examiner and the Serologist. Exhibits P.15 and P. 16 are the signatures of the Magistrate, appended on Exhibits P. 1 and P.3 evidencing receipt of the same. p. After completing the investigation, PW 16 laid the final report under Section 173(2) of the Code of Criminal Procedure before the Judicial Second Class Magistrate, Mannargudi on 23-8-1985 against the accused for the alleged offence under Section 302, I.P.C.
(3.) On committal, learned Sessions Judge, Thanjavur West Division at Thanjavur framed a charge against the accused for an offence under Section 302, I.P.C. The accused when questioned as respects the charge framed against him, denied the same and claimed to be tried.;