Back
2009 Supreme(Mad) 4667
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE V. PERIYA KARUPPIAH
Kandan
Versus
State Rep. by Inspector of Police, Chennai
Criminal Appeal No. 63 of 2009
Decided On : 05-11-2009
For the Appellant:S. Panneer Selvam, Advocate.
For the Respondent: Babu Muthu Meeran, APP.
The main legal point established in the judgment is the assessment of evidence, including witness testimony and medical reports, to determine the guilt of the accused in causing the death of the deceased Balan.
Headnote:
MURDER - Assault and Death - 302 I.P.C - 304 Part I I.P.C - 341, 307, 302 I.P.C - The court found the accused guilty of causing the death of the deceased Balan through a scuffle, leading to head injuries. The court held that the evidence of the witnesses, along with medical reports, established the guilt of the accused. The court modified the conviction and sentenced the accused under section 304 Part I I.P.C for a period of seven years rigorous imprisonment.
Fact of the Case:
The accused assaulted the deceased Balan, leading to head injuries, which ultimately caused his death. The prosecution presented evidence from witnesses and medical reports to establish the guilt of the accused.
Finding of the Court:
The court found the accused guilty of causing the death of the deceased Balan through a scuffle, leading to head injuries. The court held that the evidence of the witnesses, along with medical reports, established the guilt of the accused.
Issues: The issues revolved around the cause of death of the deceased Balan, the credibility of witnesses, and the intention of the accused during the scuffle.
Ratio Decidendi: The court relied on the testimony of witnesses, medical reports, and the absence of any weapon to establish the guilt of the accused in causing the death of the deceased Balan.
Final Decision: The court modified the conviction and sentenced the accused under section 304 Part I I.P.C for a period of seven years rigorous imprisonment, considering the circumstances of the case.
V. Periya Karuppiah, J.
This appeal is directed against the judgment of conviction and sentence passed against the appellant/accused by the Additional District and Sessions Judge, Fast Track Court No.3, Chennai made in S.C.No.26 of 2007 dated 19.07.2007. The appellant/accused was convicted and sentenced by the Trial judge u/s. 302 I.P.C to undergo life imprisonment.
2. The case of the prosecution in brief would be as follows:-
The accused and the deceased Balan were living in platform. On 28.05.2006, at about 10.00 p.m in the night the accused came to the deceased Balans place in the platform and had a wordy quarrel with him by saying that his wife had eloped from him and the deceased Balan was the reason and by saying so the accused had beaten the deceased Balan by pulling his shirt, fisting on his head, face and due to the attack caused by the accused the deceased Balan had fell with his back on the cement floor and hit his head and the accused had also throttled his neck and the witnesses who were present including P.W.1 had intervened and since the crowd gathered in that place the accused had fled away from the scene of occurrence. Since Balan was not having any external injuries, they left him there itself and went to their houses respectively and on the next day when P.W.1 came to the said platform he found that Balan was lying there and he thought that Balan was in a drunken stage and so he was lying there and nobody had noticed him and thereafter on 30.05.2006, when he went to the same place for selling flower he found that the deceased Balan was lying on the same condition and P.W.1 had approached him and asked him had he not gone for work and for that Balan could not speak properly and therefore P.W.1 and Krishnan had taken him and admitted him in the Government General Hospital. Thereafter on 30.05.2006, by 05.00 p.m Police enquired him and he gave a complaint to the Police and Police had registered the case u/s.341 and 307 I.P.C. Thereafter on 07.06.2006, by 030. p.m the said Balan died and the death intimation was given by the hospital authorities to the Inspector of Police and accordingly the F.I.R has been altered into 302 I.P.C and further investigation had been done and charge sheet has been filed.
3. The case of the prosecution as spoken through the witnesses examined by the prosecution would be as follows:
(a) P.W.1 and the deceased Balan were working in the same place and according to him the deceased and accused/appellant were doing works of construction sites and the deceased Balan had no relatives. After returning from construction work, he used to take food in the hotel and stayed at the cement pial in the auto stand.
(b) P.W.1 would speak to the effect that he was selling flower at the platform of Annanagar West 6th Avenue near Bombay store and there was a auto stand opposite to the place of business and in the auto stand there was a cement pial construction around the tree and the deceased Balan used to stay in the said cement pial. He was doing masonary work and he would not go for quarrel with anybody and the accused was his friend and they use to sit in the pial under the tree and on 28.05.2006 at about 10.00 p.m when he was about to leave the business place the deceased Balan and the accused were quarrelling and they were fighting with each other and P.W.1 had intervened and thereafter the accused went to his house. In the next day morning when he resumed his work, he saw Balan lying under the tree and he thought that the deceased Balan was drunk and was lying there. P.W.2 was having his tiffin shop on the 6th Avenue Anna Nagar West would speak to the effect that he went to Bombay shop on 28.05.2006 by 9.10 p.m and on the platform he could see that the accused and the deceased Balan were sitting and talking together under the tree. When he was about to leave the place the accused had beaten the deceased Balan holding his shirt and pulled him and Balan fell with his back and his head hi
