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2012 Supreme(Mad) 4721
THE MADURAI BENCH OF MADRAS HIGH COURT
M. Jaichandren and S. Nagamuthu, JJ.
Ravi Shanmugam, Ramanathapuram District
Versus
State, rep by Inspector of Police, Kovilankulam Police Station, Ramanathapuram District
Crl. A. (MD) No. 210 of 2012
Decided On : 26 November 2012
R. Murugappan, for Appellant C. Ramesh, Additional Public Prosecutor, for Respondent
The central legal point established in the judgment is the application of Section 302 IPC and its exceptions, particularly exception 1 and exception 4, in determining the guilt of the accused for murder.
Headnote:
IPC - Murder - Section 302 IPC - Summary of Acts and Sections: The court discussed Section 302 of the Indian Penal Code (IPC) and its exceptions, particularly exception 1 and exception 4. The court analyzed the nature of the weapon used, the circumstances of the act, and the medical evidence to determine the applicability of the exceptions to the accused's act.
Fact of the Case:
The appellant was convicted for the murder of a person belonging to a different political party. The deceased was playing political songs when the accused demanded songs of his leader, leading to a quarrel. The accused later returned with a weapon and stabbed the deceased, resulting in his death.
Finding of the Court:
The court found the accused guilty of murder under Section 302 IPC based on the eyewitness accounts, recovery of the weapon, and medical evidence. The court rejected the accused's arguments regarding the applicability of exceptions 1 and 4 to Section 300 IPC.
Issues: The issues involved the credibility of eyewitnesses, the nature of the weapon used, and the applicability of exceptions to Section 300 IPC.
Ratio Decidendi: The court relied on the eyewitness accounts, recovery of the weapon, and medical evidence to establish the guilt of the accused under Section 302 IPC. The court rejected the accused's arguments regarding the applicability of exceptions 1 and 4 to Section 300 IPC.
Final Decision: The criminal appeal was dismissed, and the conviction and sentence imposed on the appellant by the trial court were confirmed.
S. NAGAMUTHU, J.
1. The appellant is the sole accused in S.C. No. 82 of 2006 on the file of the Additional District and Sessions Judge, Fast Track Court, Ramanathapuram. He stood charged for offence under Section 302 IPC. The trial Court by judgment dated 22.12.2006 convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to undergo six months rigorous imprisonment. Challenging the said conviction and sentence, the appellant is before this Court with this criminal appeal.
2. The case of the prosecution in brief is as follows:
The deceased in this case was one Mr.Thirumurugan. He belonged to Pammanendal village. The accused also belongs to the same village. The deceased belonged to AIADMK party, whereas the accused belongs to a different political party. It is alleged that 17.1.2004, happened to be the birth anniversary of the founder leader of AIADMK party. P.W.6 was the then local leader of the AIADMK party. In order to celebrate the birth anniversary of MGR, P.W.6 had arranged for playing MGR songs in the village. The deceased was engaged for the said purpose of playing the songs in a speaker set. Accordingly, the deceased was playing MGR songs at about 5.30 p.m. on the date. At that time, the accused came to the spot and wanted the deceased to play songs of films starred by his leader Mr. Vijayakanth. The deceased declined. This resulted in a wordy quarrel between the accused and the deceased. P.Ws.1 to 3, who were present somewhere near the place of occurrence, rushed to the spot and persuaded them. Thus, the quarrel ended. Thereafter, the accused went to his house. The deceased closed the operation and proceeded to the house of P.W.6 to inform him about the happenings. At that time, the accused suddenly returned from his house with M.O.1 Tharakambu, (A long stick measuring 6 feet and 4½ inches with a long sharp tiped metal portion with a metal hook measuring one foot and ¾ inches at the tip). Using force, he stabbed the deceased on his chest with the said Tharakambu. The deceased fell down. P.Ws.1 to 3 raised alarm. The accused fled away from the scene of occurrence.
2.1. P.W.1 is the father of the deceased. P.W.2 is a neighbour and P.W.3 is the cousin of P.W.1. All the three found the deceased alive, but with bleeding injuries. With a view to give him medical attention, they immediately shifted him to the nearby bus stop, so as to take him to the hospital. But, even while he was brought to the bus stand, he died. Leaving the dead body there itself, P.W.1 went to the Kovilangulam Police Station. P.W.11 was the then Special Sub Inspector of Police attached to the said police station to whom, P.W.1 presented, Exhibit P-1, complaint. On receipt of the same, P.W.1 registered a case in Crime No. 3 of 2004 under Section 302 IPC. Exhibit P12 is the FIR. Then, he forwarded Exhibits P-1 and P-12 to the jurisdictional magistrate and then handed over the case diary to P.W.12 for investigation.
3. Taking up the case for investigation, P.W.12 proceeded to the place of occurrence and prepared Exhibit P-2 observation mahazar in the presence of P.W.4 and another witness. Then, he prepared Exhibit P-13, a rough sketch, in the presence of the same witnesses. Then, he conducted inquest on the body of the deceased commencing from 10.30 p.m. During the same, he examined P.Ws.1 to 3 and few more witnesses and recorded their statements. Exhibit P-14 is the inquest report. Then he forwarded the body for postmortem.
4. P.W.7, Doctor Sundaram, was an Assistant Surgeon attached to Kamuthi Hospital. On 18.1.2004, at 11.00 a.m. he commenced autopsy on the body of the deceased. During autopsy, he found a single external injury on the body of the deceased. His findings are as follows:
External Injury: Lacerated stab injury 3 cm x 2 cm x 2 depth four inches below the left nipple on the 7th intercostal space. On exploration the wound passes through the 7th intercostal space inju
