Back
2005 Supreme(Mad) 1041
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. DHINAKAR & THE HONOURABLE MR.JUSTICE M. CHOCKALINGAM
Ayodhi & Others - Appellant
Versus
State rep.By Inspector of Police - Respondents
C.A.No.59 of 1999
Decided On : 11 July 2005
The central legal point established in the judgment is the interpretation of the acts committed by the accused and their classification under different sections of the Indian Penal Code, leading to the alteration of the conviction and sentence.
Headnote:
Murder - Unlawful Assembly - Sec.147, Sec.302, Sec.325 of I.P.C. - The judgment discusses the evidence presented by the prosecution, the credibility of witnesses, and the nature of the acts committed by the accused. The court found that the accused, as part of an unlawful assembly, caused the death of the deceased. However, it held that the acts of the accused did not amount to murder under Sec.302 read with 149 of I.P.C. and instead convicted them under Sec.325 read with 149 of I.P.C., altering the sentence to 3 years Rigorous Imprisonment.
Fact of the Case:
The deceased was attacked by the accused, resulting in his death. The prosecution presented evidence including witness testimonies, postmortem report, and investigation findings. The accused denied the incriminating circumstances and did not present any defense witnesses or evidence.
Finding of the Court:
The court found the accused guilty of causing the death of the deceased, but held that their acts did not amount to murder under Sec.302 read with 149 of I.P.C. Instead, they were convicted under Sec.325 read with 149 of I.P.C. and sentenced to 3 years Rigorous Imprisonment.
Issues: The key issues included the credibility of witness testimonies, the nature of the acts committed by the accused, and the applicability of different sections of the Indian Penal Code.
Ratio Decidendi: The court analyzed the evidence presented by the prosecution, scrutinized the witness testimonies, and considered the nature of the acts committed by the accused to determine the appropriate conviction and sentence.
Final Decision: The conviction of the appellants under Sec.302 read with 149 of I.P.C. and the consequent sentence imposed on them were set aside. Instead, they were convicted under Sec.325 read with 149 of I.P.C. and sentenced to 3 years Rigorous Imprisonment. The conviction under Sec.147 of I.P.C. was confirmed. The criminal appeal was dismissed.
M. Chockalingam, J.
The appellants herein who are six in number, stood charged before the trial Court namely the Additional Sessions Court, Tiruvannamalai, in S.C.No.54 of 1998, under Sections 147 and 302 read with 149 of I.P.C. On trial they were found guilty as per the charges, and life imprisonment was awarded for the charge under Sec.302 read with 149 of I.P.C., and as the major punishment was given, the punishment on the other charge was not awarded. Aggrieved over the same, the appellants have brought forth this appeal.
2. The short facts necessary for the disposal of this appeal are:
(a) P.W.2 is working in the Forest Department. The deceased Kuppusamy was his father. P.W.2 knew all the accused. The first accused had his lands on the western side of the lands of P.W.2. Regarding the pathway in between the lands, there was an animosity for the accused. P.W.2 sent number of petitions to Tahsildar and Collector. On the date of occurrence namely 28.5.1996, at about 7.30 A.M., P.W.2, his father, M.G. and one Sekar were talking in the lands of P.W.2 near Sarayakaran Odai. The father of P.W.2 instructed the said Sekar and M.G. not to allow the first accused to come through the lands of P.W.2. At that time, all the accused were proceeding on the said pathway. Immediately, it was questioned by the witnesses. Then, the third accused attacked the deceased on his left cheek by using his right hand. The said Kuppusamy had fallen down. The second accused attacked the deceased on his left leg by using stone. A-1 trampled the deceased on his chest by using his legs. The fourth accused trampled the deceased on his right side stomach, and the fifth accused also trampled the deceased on his left side stomach. The sixth accused has also trampled the deceased on his private part by using his legs. Immediately, the accused fled away from the place of occurrence. The deceased was taken to a nearby Homeopathy Doctor, and the Doctor had reported that Kuppusamy died even prior to an hour. After that, P.W.2 at about 9.00 A.M., had met the Village Administrative Officer P.W.1 and had given a statement. The statement was recorded by P.W.1 under Ex.P1. P.W.1 the Village Administrative Officer, sent the statement of P.W.2 along with his report Ex.P2 to Chengam Police Station. P.W.7 the Head Constable, who was at Chengam Police Station, on 28.5.1996 at about 11.00 A.M., received the statement of P.W.2 and the report of P.W.1 and registered a case in Crime No.312/96 under Sections 147 and 302 of I.P.C. The First Information Report Ex.P8 was sent to the Court.
(b) P.W.8 the Inspector of Police, on receipt of the copy of the F.I.R., took up investigation, proceeded to the place of occurrence, made an inspection in the presence of witnesses and prepared an observation mahazar Ex.P3 and a rough sketch Exs.P10. Then, he went to the house of one Raju Naidu and prepared an observation mahazar Ex.P4 and a rough sketch Ex.P11. An inquest was conducted by him over the dead body of Kuppusamy in the presence of witnesses and panchayatdars, and the inquest report prepared by him, is Ex.P12. Following the same, the dead body was sent to the Government Hospital along with a requisition Ex.P5 for conducting postmortem.
(c) P.W.4 the Civil Assistant Surgeon, attached to the Government Hospital, CEng, on receipt of the requisition, conducted autopsy on the dead body of Kuppusamy on 29.5.1996 and found the following injuries:
"1. Left cheek contusion present 2" x 1".
2. An abrasion on the right wrist ½" x ½".
3. A scratch 1" below the left knee present.
Internal Examination:
On opening the abdomen, stomach intact, contains 30 ml of fluid. Liver rupture on the right lateral aspect to inferior aspect. 1" x ¼" x ¼". Kidneys intact. Intestines intact. Peritoneum contains about 200 ml of blood. Bladder empty, intact. Spleen – rupture 2" x ½" x ½" on the lateral to inferior aspect."
The Doctor has issued Ex.P7 postmortem certificate and has opined that the deceased would ap
