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2017 Supreme(SC) 618
SUPREME COURT OF INDIA
Prafulla C. Pant, Deepak Gupta, JJ.
Muttaicose @ Subramani – Appellant
Versus
State of Tamil Nadu Rep. By Inspector of Police – Respondent
CRIMINAL APPEAL NO. 1206 OF 2010
Decided On : 03-07-2017
For Appellant(s) Ms. Shobha Ramamoorthy, Adv.
For Respondent(s) Mr. M.Yogesh Kanna, Adv.
IMPORTANT POINT
Repeated assault on head without provocation resulting in death is culpable homicide amounting to murder.
Headnote:(a) Criminal trial – FIR – Delay in lodging – Not fatal if delay satisfactorily explained. (Para 9, 10)
(2008) 12 SCC 173; (2001) 7 SCC 690 – Relied upon
(b) Criminal trial – Related witnesses – Testimony of injured eye witnesses – Cannot be disbelieved merely because they arev related to deceased. (Para 11)
© Indian Penal Code, 1860 – Section 302 – appellant chasing deceased and assaulting twice on his head without any provocation – The culpable homicide amounts to murder. (Para 12)
Facts of the case:
The appellant Muttaicose @ Subramani was convicted and sentenced u/s 302 IPC.
The High Court affirmed the conviction and the sentence.
Finding of the Court:
There is no merit in the appeal.
Result: Appeal dismissed.
JUDGMENT
Prafulla C. Pant, J.
This appeal is directed against judgment and order dated 18.06.2009 passed by High Court of judicature at Madras in Criminal Appeal No. 618 of 2007, whereby conviction and sentence recorded by Additional Sessions Judge, Erode, qua appellant Muttaicose @ Subramani in respect of offence punishable under Section 302 I.P.C., is affirmed.
2. We have learned counsel for the parties and perused the papers on record.
3. Prosecution story, in brief, is that PW-1 Sundaramurthy (informant) is son of PW-2 Chidambaram and PW-3 Smt. Papathi. PW-4 Yuvaraj and PW-12 Ramasamy are also related to the informant. They all belong to village Elavanatham. Accused Gurusamy (A-1) and PW-2 owned landed property adjacent to each other. There was a ridge between their land. Dispute arose between them over planting of coconut trees on the common ridge by both sides. On 26.03.2004, at about 9.30 a.m. appellant (A-2) along with some other co-accused came to the house of the informant and insisted on holding a Panchayat to settle the dispute to which the informant told that Panchayat could be held at some common place, not in his house. On this at about 4.30 p.m. on that day A-2 armed with ‘aruval’ (sickle) along with other accused, who were also armed with deadly weapons, like stick, iron rod, crowbar etc., came and on instigation of A-1 they assaulted PW-1, PW-2, PW-3, PW-4, PW-7 and Natrajan (deceased). A-2 (appellant) said to have assaulted with a sickle twice on the head of the deceased Natrajan after chasing him. Natrajan (deceased) was the person who had simply attempted to intervene between the two fighting groups. Other accused assaulted PW-1 to PW-4 and PW-7.
When the crowd gathered on commotion, the accused fled away. PW-11 Eswaramurthy took all the injured to hospital but Natrajan had died. Rest of the injured (PW-1 to PW-4 and PW-7) were referred from Government Hospital, Erode to Lotus Hospital at about 9.00 p.m. On information from the hospital, Sub-Inspector (PW-27) came and recorded statement of PW-1, and registered Crime No. 42 of 2004 in respect of offences punishable under Sections 147, 148, 447, 448, 452, 427, 324, 307 and 302 I.P.C.
4. During investigation, PW-28 Ravindran who was Inspector of Police, went to the place of occurrence and inspected the same. He also went to the hospital and prepared the inquest report of the dead body of Natrajan. PW-10 Dr. Parameswaran conducted autopsy on 27.03.2004 on the dead body of the deceased and recorded ante mortem injuries. He opined that the deceased had died due to shock and haemorrhage. PW-8 Dr. Kanagachalakumar recorded the injuries on the person of injured (eye witnesses). The Investigation Officer after collecting evidence and on completion of investigation submitted charge sheet against all the 14 accused, including appellant Muttaicose @ Subramani.
5. On committal of the case, the Court of Session, after hearing the parties, framed charge in respect of offences punishable under Sections 147, 450, 307, 324, 302 I.P.C. and in respect of offence punishable under Section 3 of Tamil Nadu Properties (Damage and Loss) Prevention Act against all the accused to which they pleaded not guilty and claimed to be tried. The prosecution got examined as many as 28 witnesses, and proved various documentary evidence on record which was put to the accused. They alleged that the evidence against them was false. In defence they got examined DW-1 Dr. Velusamy. The trial court found that A-1, A-2, A-4 and A-5 guilty of charge of offence punishable under Section 302 read with Section 149 I.P.C. in respect of commission of murder of Natrajan. The convicts filed criminal appeal before the High Court.
6. The High Court, after re-appreciating the evidence, found that appellant (A-2) has assaulted the deceased twice on his head, after chasing him, as such only he is guilty of offence punishable under Section 302 I.P.C. and affirmed the sentence of imprisonment for life and fine of Rs.
