Back
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
Samikannu & Another
Versus
State by The Inspector of Police Thiruvennainallur Police Station, Villupuram District
CRL. A. No. 410 of 2010
Decided On : 05-10-2010
IPC - Criminal Law - Sec.307, Sec.302, Sec.294, Sec.323, Sec.324, Sec.326 - The judgment discusses the occurrence of a violent altercation over water rights, resulting in the death of the deceased. The court analyzed the evidence, discrepancies in witness testimonies, and medical reports to determine the guilt of the accused. The court found A-1 guilty under Sec.304 (Part I) IPC and A-2 guilty under Sec.324 IPC, modifying the original conviction and sentences imposed by the trial court.
Fact of the Case:
The case involved a violent altercation over water rights, resulting in the death of the deceased and injuries to the witnesses. The prosecution presented evidence of the altercation and the subsequent attacks by the accused, leading to the death of the deceased.
Finding of the Court:
The court found the prosecution's evidence, including witness testimonies and medical reports, to be sufficient in proving the guilt of the accused. The court also considered the discrepancies in the testimonies but ultimately relied on the evidence provided by the injured witness and other witnesses to establish the sequence of events.
Issues: The key issues revolved around the credibility of witness testimonies, discrepancies in the evidence, and the nature of the accused's actions during the altercation.
Ratio Decidendi: The court emphasized the importance of considering the testimony of an injured witness and found that the prosecution had successfully proven the guilt of the accused based on the available evidence.
Final Decision: The court modified the original conviction and sentences imposed by the trial court, finding A-1 guilty under Sec.304 (Part I) IPC and A-2 guilty under Sec.324 IPC, and ordered the sentences to run concurrently with set off for the time already undergone by the accused.
(Judgment of the Court was delivered by M.CHOCKALINGAM, J.)
1. Challenge is made to a judgment of the Principal Sessions Division, Villupuram, made in S.C.No.155/2009 whereby both the appellants/A-1 and A-2 stood charged under Sections 307 and 302 of IPC, tried, found guilty as per the charges and awarded seven years Rigorous Imprisonment along with a fine of Rs.10000/- and default sentence under Sec.307 IPC and life imprisonment along with a fine of Rs.5000/- and default sentence under Sec.302 IPC.
2. Short facts necessary for the disposal of this appeal can be stated as follows:
(a) P.W.1 is a native of Emapur Village within the jurisdiction of the respondent police. The deceased Arasan is his younger brother. Both the accused are agnates of P.W.1. They have got lands adjacent to each other. As per the understanding, P.W.1s family should take water from the public channel for 12 hours, and thereafter the other 12 hours, A-1s family should take water. Regarding the taking of the water, there was often quarrel in the past. The occurrence has taken place on 20.9.2005. On the night of 19.9.2005, as per the turn, the accused family took water and P.W.1 went to the field to take water at about 6.00 A.M. on 20.9.2005. When he was about to take water, both the accused objected to the same, and P.W.1 made a request that he could be allowed to take water at least for half an hour. At the time when P.W.1 was making attempt to take water, A-2 attacked him with an iron rod on the head. When P.W.1 tried to ward off the attack made by A-1 with a spade on his head, it fell on the little finger, and it was actually severed. On seeing this, the deceased Arasan who was standing nearby, intervened and went to the rescue of his brother. Immediately, A-2 attacked him with the iron road on his left leg, while A-1 attacked him with the spade on his head. The occurrence was witnessed by P.Ws.2, 3 and 4. Immediately, both the accused ran away from the place of occurrence.
(b) Both P.W.1 and the severely injured Arasan were taken to the Government Hospital, Villupuram. P.W.8, the Doctor, gave initial treatment to the deceased at about 10.05 A.M., and the accident register copy is marked as Ex.P9. Then he was advised to go to the Government General Hospital at Madras. Accordingly, the deceased was taken. P.W.8, the Doctor, gave treatment to P.W.1 at about 2.00 P.M., and the injuries are noted in the accident register copy which is marked as Ex.P5.
(c) On receipt of the intimation from the hospital, P.W.11, the Inspector of Police of that Circle, proceeded to the hospital and recorded the statement of P.W.1 which is marked as Ex.P1. On the strength of Ex.P1, a case came to be registered in Crime No.459/2005 under Sections 294, 323, 324 and 307 IPC. The printed FIR, Ex.P10, was despatched to the Court.
(d) P.W.11 took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and also a rough sketch, Ex.P11. Then both the accused were arrested on 21.9.2005, and A-2 gave a confessional statement voluntarily which was recorded. The admissible part of the said confession is marked as Ex.P3, pursuant to which, he produced M.O.1, iron rod, and M.O.2, spade, which were recovered under a cover of mahazar. Both of them were sent for judicial remand.
(e) Pending investigation, an additional statement was given by one of the brothers of the deceased by name Settu, which is marked as Ex.P12, stating that his brother Arasan died in the hospital at 10.15 P.M. on 22.9.2005, pursuant to which the case was altered to Sections 294, 323, 324 and 302 of IPC. The amended FIR, Ex.P13, was despatched to the Court. Then, the Investigator conducted inquest on the dead body of Arasan in the presence of witnesses and panchayatdars and prepared an inquest report, Ex.P14. A requisition was given to the hospital authorities for the purpose of postmortem.
(f) P.W.9, the Tutor in Forensic Medicine, Madras Medical College,
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
