Cause of death shock and haemorrhage.

Appellants are the Accused 1 to 4 in S.C.No.43 of 1996 on the file of Additional Sessions Court, Villupuram. By the Judgment (dated 08.10.1997) learned Additional Sessions Judge has convicted the Appellants under Sec.304(II) r/w 34 I.P.C (acquitting them of the Charge under Sec.302 r/w 34 I.P.C) for allegedly causing the death of Deceased-Rasi alias Rasu Chettiar and sentenced each of them to undergo Rigorous Imprisonment for Seven years.

2. Deceased-Rasu Chettiar is residing at Dhimmachur Village along with his family members. He has advanced a loan of Rs.2,000/- to one Meesaikkaran (Father of A-1-Palanivelu) of the same village. About Six months prior to the occurrence, without returning the loan of Rasu Chettiar, the said Meesaikkaran left the village. About Three months prior to the occurrence Rasu Chettiar was demanding Son of Meesaikkaran viz., A-1-Palanivelu to return the loan amount.

3. In this connection, on 30.06.1993 at about 10.30 a.m. P.W.4-Sekar asked A-1 to return the loan amount due to his Father. At that time, A-1-Palanivelu and A-2-Mandu alias Annamalai assaulted P.W.4 with stick. To complain about the same, P.W.4 went to Thirukkovilur Police Station.

4. On the same day - 30.06.1993 - 01.00 p.m., when Rasu Chettiar was in his House, his Wife P.W.1-Nalliammal and Daughter P.W.2-Rani informed him about the attack on P.W.4. When A-1 to A-4 were passing through the Courtyard of the House of Rasu Chettiar, he questioned the conduct of A-1 in beating his Son-P.W.4-Sekar and also demanded A-1 to repay the loan amount. Angered over the same, A-1 took a Stone and assaulted Rasu Chettiar on his Mouth and Abdomen; A-2 assaulted Rasu Chettiar over his Left Side Head with a stick (M.O.2); A-3 also assaulted him on his Teeth with a Cycle Chain; A-4 kicked him on his Stomach with his Leg. The attempt of P.Ws.1 and 2 and one Pasar Annadurai in trying to prevent the attack ended in vain.

5. P.Ws.1 and 2 and one Kesu Gounder had taken Injured - Rasu Chettiar to Government Hospital, Thirukkovilur and admitted him in the Hospital on 30.06.2003 - 06.00 p.m.

6. Registration of case and Investigation: P.W.8-Head Constable received intimation from the Hospital about the admission of Rasu Chettiar in the Hospital. P.W.8 went to the Hospital and recorded his Statement-Ex.P.10. Dr. Somasundaram who was on duty has endorsed in Ex.P.10-Statement certifying about the Conscious Fit Mental condition of Rasu Chettiar. On the basis of Ex.P.10-Statement of Rasu Chettiar, P.W.8 registered a case in Crime No. 372 of 1993 under Sections 325, 324 and 323 I.P.C under Ex.P.12-F.I.R.

7. P.W.12-Sub-Inspector of Police had taken up the Investigation. He has inspected the scene of occurrence in Dhimmachur Village. He has prepared Ex.P.4-Observation Mahazar and Ex.P.21-Rough Plan. M.Os.6 and 7-Blood Stained Mud and Sample Mud were seized under Ex.P.5.

8. Since the condition of Rasu Chettiar was deteriorating, he was referred to Government Hospital, Cuddalore for further Treatment on 01.07.1993. P.W.4-Sekar received Tapal from the Medical Officer in respect of referring his Father to Cuddalore Government Hospital. He took his Father from the Hospital Ward and kept near the Compound Wall of the Hospital. P.W.4 was making arrangement for money for engaging the Ambulance. When P.W.4-Sekar visited his Father at about 11.30 a.m. Rasu Chettiar asked for water and P.W.4 gave water. On 01.07.1993 at about 11.45 a.m., Rasu Chettiar succumbed to the Injuries.

9. P.W.4-Sekar reported about the death of his Father to Thirukkovilur Police Station. On receipt of the Death Intimation, P.W.12-Sub-Inspector of Police altered the case into Sec.302 I.P.C.

10. P.W.13-Inspector of Police had taken up further Investigation. He has held the Inquest on the body of Deceased-Rasu Chettiar from 01.15 p.m to 04.15 p.m. Ex.P.23 is the Inquest Report. After the Inquest the body was sent to Autopsy through P.W.11-Constable.

11. Pursuant to the requisition from the Inspector