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Madras High Court
ANANTANARAYANAN,NATESAN
In re Krishnaswami Naicker - Appellant
Versus
. - Respondent
Decided On : 07/28/1964
CRIMINAL LAW - MURDER - S. 300, I.P.C. - INTENTION TO CAUSE BODILY INJURY - SUFFICIENT TO CAUSE DEATH IN ORDINARY COURSE OF NATURE - ESSENTIAL INGREDIENTS - PROOF - CONVICTION - JUSTIFIED.
Fact of the Case:
The appellant, Krishnaswami Naicker, was convicted and sentenced to life imprisonment for the murder of Kanda swami Naicker. The prosecution's case was that the appellant stabbed the deceased on the left side of the chest near axilla with a knife, causing his death. The appellant's defense was that the offense was not murder but only voluntarily causing grievous hurt with a deadly weapon.
Finding of the Court:
The court found that the appellant had the intention to cause bodily injury to the deceased, and that the injury inflicted was sufficient in the ordinary course of nature to cause death. The court also found that the appellant was not entitled to any exception under Explanation 2 to S. 299, Indian Penal Code, as the deceased died of shock and haemorrhage due to the injury.
Issues: 1. Whether the appellant had the intention to cause bodily injury to the deceased? 2. Whether the injury inflicted was sufficient in the ordinary course of nature to cause death? 3. Whether the appellant was entitled to any exception under Explanation 2 to S. 299, Indian Penal Code?
Ratio Decidendi: 1. The court held that the appellant had the intention to cause bodily injury to the deceased, as there was no evidence to suggest that the stabbing was accidental or unintentional. 2. The court held that the injury inflicted was sufficient in the ordinary course of nature to cause death, as the medical evidence showed that the injury was necessarily fatal and the victim died of shock and haemorrhage due to the injury. 3. The court held that the appellant was not entitled to any exception under Explanation 2 to S. 299, Indian Penal Code, as the deceased died of shock and haemorrhage due to the injury, and there was no evidence to suggest that proper medical attention could have prevented the death.
Final Decision: The court dismissed the appeal and upheld the conviction of the appellant under S. 302, I.P.C. However, the court recommended to the Government that the sentence be reduced to five years rigorous imprisonment, considering the circumstances of the case.
NATESAN, J. :- One Krishnaswami Naicker of Muthalapuram Kottur, Tirunelveli Dr., who has been convicted and sentenced to imprisonment for life under S. 302, I.P.C. for the murder of Kanda swami Naicker of the same place is the appellant.
2. At the Sessions along with the appellant, his elder brother, one Perumal alias Perumalswami Naicker, was also charged under S. 323, I.P.C. But he was found not guilty and acquitted. From the evidence let in by the prosecution, the following facts emerge.
3. The sister of the accused was the second wife of one Sangava Naicker, brother of the deceased, and by reason of the refusal by the said Sangava Naicker and the deceased to give the daughter of the former by his first wife in marriage to the second accused, the relationship between the two families was somewhat strained. On the day prior to the occurrence, when the deceased, P.W. 8 and others were chatting near a shop, the second accused was walking into the shop and the deceased appears to have given him a push saying that he was too close. This appears to have hit a boil of the second accused on his leg. On the day of the occurrence, at about 8 p.m. or so, the deceased and P.Ws. 1 to 3 and 5 were sitting on a stone in front of the house of one Ramaswami and were chatting. The second accused who had resented the push he had on the prior day came that way hurling abuses at the person who had given him the hit the previous day, and this led to a wordy quarrel between the second accused and the deceased, later on developing into exchange of blows. The evidence is that, at that time, the appellant herein, the first accused (younger brother of the second accused) came on the scene and beat the deceased on his back. When the deceased turned round, the appellant took a soori knife from his waist and stabbed him on the left side of the chest near axilla and started running. The deceased ran behind him, chasing him, and P.Ws. 1 to 3 and 5 who were there, also started chasing the appellant. Their progress was retorted by a dog coming in the way, and in the meanwhile the appellant escaped. The deceased who went chasing the appellant fell down after running a few yards. P.Ws. 1 to 3 and 5, thereupon, carried the deceased to his house and sent intimation to the village munsif, P.W.7, of Muthalapuram. He arrived at about 11 p.m. and recorded the statement Ex. P-5, from the deceased. Placing the deceased in a cart to be taken to Ettayapuram P.W.7 went ahead and handed over the statement, Ex. P-5, and his own report, Ex. P 5-A, to the Sub-Inspector of Police, P.W.15, Ettayapuram, P.W.15 also examined the deceased who was then conscious and recorded a statement, Ex.P-17, from him. A case was registered under S. 307, I.P.C.
4. There was only a Government dispensary at Ettayapuram and the deceased was taken there. The Junior Assistant Surgeon, P.W.4, examined the deceased at about 6 a.m. and issued the wound certificate, Ex. P-1. He gave requisition for recording dying declaration from the deceased. The person available there, the village munsif, P.W,6, Ettayapuram, recorded the dying declaration, Ex. P-2, from the deceased at about 6 a.m. The ambulance sent by the Sub-Inspector of Police, P.W.15, to carry the deceased to Tuticorin arrived only at 9 a.m., and the victim passed away when being put into the ambulance. The police then amended the charge into one under S. 302, I.P.C.
5. An inquest was held at which the eye witnesses P.Ws. 1 to 3 and 5 were examined. The Post mortem was conducted on the body by P.W.4. There were four external injuries on the person of the deceased. No. 1 was a stab wound 3"x2"x6" over the left arm near axillary fold. Muscles underneath and blood vessels were cut. The wound extended into the left arm inner aspect. Injury No. 2 was an incised wound 1 inch X 1/2 Inch X1/2 inch in the left axilla with muscles underneath being cut. Injury No. 3 was also an incised wound 1 inch x1/2 inch' over upper part of the right ear, the ea
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