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2010 Supreme(Mad) 5488
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
Doss & Another
Versus
The State represented by its: Inspector of Police
CRL.A.No.628 of 2010
Decided On : 21-12-2010
For the Petitioners:K.M. Subrahamaniyam, Advocate.
For the Respondent: V.R. Balasubramaniam, Additional Public Prosecutor.
The main legal point established in the judgment is the consideration of evidence, including witness testimony and medical reports, to determine the guilt of the accused and the appropriate charges and sentences.
Headnote:
IPC - Murder - Sec.302, Sec.341, Sec.34 - The judgment discusses the evidence and arguments presented in the case, including the motive, discrepancies in evidence, and the nature of the act of the accused. The court found A-1 guilty under Sec.302 IPC and A-2 guilty under Sec.324 IPC, modifying the original convictions and sentences.
Fact of the Case:
The case involved a dispute between the accused and the deceased, culminating in a fatal attack on the deceased by the accused. The prosecution presented evidence of the altercation and the subsequent attack, leading to the death of the deceased.
Finding of the Court:
The court found A-1 guilty under Sec.302 IPC and A-2 guilty under Sec.324 IPC, modifying the original convictions and sentences based on the evidence presented.
Issues: The issues included discrepancies in evidence, the nature of the act of the accused, and the motive behind the attack.
Ratio Decidendi: The court considered the evidence presented, including the testimony of witnesses and the medical reports, to determine the guilt of the accused and the appropriate charges and sentences.
Final Decision: A-1 was convicted under Sec.302 IPC, and A-2 was convicted under Sec.324 IPC, with modified sentences.
(Judgment of the Court was delivered by M.CHOCKALINGAM, J.)
1. Challenge is made to a judgment of the Sessions Division, Thiruvarur, made in S.C.No.15/2008 whereby the appellants stood charged namely A-1 under Sections 341 and 302 of IPC and A-2 under Sections 341 and 302 r/w 34 IPC, and on trial, A-1 was found guilty under Sec.302 r/w 34 IPC and A-2 under Sec.302 IPC, and both were awarded life imprisonment along with a fine of Rs.1000/- and default sentence.
2. Short facts necessary for the disposal of this appeal can be stated as follows:
(a) P.W.1 is the daughter of the deceased Maniyarasan. P.Ws.2 to 6 were all neighbours residing in the same village. A-1 and A-2 are brothers. All the parties were residents of Chettipulam Village within the jurisdiction of the respondent police. Fourteen days prior to the occurrence, there was a wordy altercation between the accused and the deceased when the dog of the deceased caught the neck of the hen of the accused. There was a complaint to the police, and the parties were called and pacified. Thereafter, there was another quarrel in taking water from the public pipe.
(b) While the matter stood thus, on 28.11.2006 at about 5.30 P.M., P.W.1 went to take bath in the irrigating channel situated outside the village. While she was taking bath, the deceased father after finishing his work, came over there to take bath. P.Ws.2 to 6 were working in the nearby field. At that time, A-1 and A-2 armed with wooden-logs, came to the place. A-2 attacked the deceased on the arms and legs, while A-1 attacked him on his forehead. When P.W.1 raised a distressing cry, P.Ws.2 to 6 rushed to the spot. When they were rushing, they also found the accused committing the crime. Then the severely injured victim was taken to the Government Hospital, Thiruthuraipoondi. P.W.12 was the Doctor who medically examined him and declared him dead. He also gave an intimation to the respondent police station marked as Ex.P8. In the meanwhile, P.W.1 proceeded to the respondent police station and gave Ex.P1, the complaint, on the strength of which, P.W.17, the Sub Inspector of Police, registered a case in Crime No.381/2006 under Sections 341, 323 and 307 IPC. The printed FIR is marked as Ex.P15.
(c) On receipt of the copy of the FIR, P.W.18, the Inspector of Police of the Circle, reached the Station, and at that time, an intimation, Ex.P8, that Maniyarasan died at the hospital was received. Then the case was altered to Sec.302 IPC, and the altered FIR is Ex.P16. Both Exs.P15 and P16 were sent to the Judicial Magistrate, Thiruthuraipoondi, through a Constable. Following the same, P.W.18, the Inspector of Police, took up investigation, proceeded to the Government Hospital, conducted inquest on the dead body in the presence of witnesses and panchayatdars and prepared Ex.P17, the inquest report. Thereafter, he proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and also a rough sketch, Ex.P18.
(d) On a requisition, P.W.13, the Civil Surgeon, attached to the Government Hospital, Thiruthuraipoondi, conducted autopsy on the dead body of Maniyarasan and has issued Ex.P9, the postmortem certificate, wherein he opined that the deceased would appear to have died of head injury about 16 to 20 hours prior to autopsy.
(e) Pending investigation, both the accused persons were arrested on 30.11.2006, when they came forward to give confessional statements voluntarily. The same were recorded in the presence of witnesses. The admissible part of the confessional statement of A-1 is marked as Ex.P19, and that of A-2 is Ex.P20. Then A-1 produced M.O.1, wooden-log, which was recovered under a cover of mahazar, Ex.P6. Equally, M.O.2, wooden-log, produced by A-2, was recovered under Ex.P7, mahazar. Then both the accused were produced before the Judicial Magistrate where they were judicially remanded. Thereafter, a requisition was given for the purpose of sending all the material objects recovered fro
