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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN, S. NAGAMUTHU, JJ.
Sudhan @ Indirakumar & Anr. - Appellants
Vs.
State, rep. by The Inspector of Police - Respondent
Crl. A. Nos. 689 & 101 of 2012
Decided On : 08-02-2016
Indian Penal Code - Refugee Camp - Section 302, Section 109, Section 323 - The judgment discusses the application of Section 302, Section 109, and Section 323 of the Indian Penal Code in a case involving a fatal altercation in a refugee camp. The court analyzed the evidence, medical reports, and the accused's actions to determine the appropriate charges and sentencing.
Fact of the Case:
The case involved a fatal altercation in a refugee camp between the accused and the deceased, who were all Sri Lankan refugees. The first accused stabbed the deceased, resulting in his death. The second accused attacked the deceased with his hands. The prosecution presented eyewitnesses, medical evidence, and the accused's voluntary confessions.
Finding of the Court:
The court found that the first accused caused the fatal injuries leading to the deceased's death. However, it concluded that the second accused did not have a common intention to commit murder and was only liable for punishment under Section 323 of the Indian Penal Code for his individual overt act.
Issues: The key issues revolved around the actions of the accused, the presence of common intention, and the appropriate charges and sentencing under the Indian Penal Code.
Ratio Decidendi: The court determined that the first accused's actions fell within the 3rd limb of Section 300 of the Indian Penal Code, leading to a conviction under Section 304(1) for culpable homicide not amounting to murder. The second accused was convicted under Section 323 for his individual act of attacking the deceased.
Final Decision: The first accused was sentenced to undergo rigorous imprisonment for five years, and the second accused was sentenced to undergo rigorous imprisonment for six months.
S. Nagamuthu, J.
The appellant in Crl.A.No.689 of 2012 is the first accused and the appellant in Crl.A.No.101 of 2012 is the second accused in Sessions Case No.91 of 2010, on the file of the Principal District and Sessions Judge, Dharmapuri. The first accused stood charged for the offence under Section 302 of the Indian Penal Code and the second accused stood charged for the offence under Section 302 r/w. Section 109 of the Indian Penal Code. By judgment dated 18.4.2011, the trial Court convicted both the accused and sentenced the first accused to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo Rigorous Imprisonment for three years for offence under Section 302 of the Indian Penal Code and sentenced the second accused to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for three years for the offence under Section 302 r/w. Section 109 of the Indian Penal Code. Challenging the said conviction and sentence, the appellants are before this Court with these two appeals.
2. The case of the prosecution in brief is as follows:
(a) The deceased in this case was one Vijay @ Basthiyan. The deceased and accused are all Srilankan refugees. They were all staying in the refugee camp for Srilankans in Thumbalahalli Dam. The second accused had lost vision of his one eye. While in the camp, the deceased used to tease the second accused by calling him as one eyed man and blind. On 5.2.2010, on account of the same, there was a wordy quarrel between the accused 1 and 2 on one side and the deceased on the other side. In the said occurrence, it is alleged that the second accused attacked the deceased with hands. The deceased in turn attacked the second accused. Suddenly, the first accused went to his house, returned with a knife and stabbed him on his chest and left palm. The occurrence was witnessed by P.Ws.2 and 3. P.W.4 is also an inmate of the refugee camp. P.W.5 is the mother of the deceased and P.W.6 is yet another refugee in the camp. P.W.1 was the Special Revenue Inspector, in-charge of the camp. On getting information about the said occurrence, he rushed to the camp and heard that the deceased had been taken to the hospital. Then he went to the police station at about 3.00 a.m. and made a complaint under Ex.P1.
(b) P.Ws.4 and 5 immediately took the deceased to the Government Hospital, Dharmapuri. On examining the deceased, the Doctor declared him as dead. Then, he forwarded the body to the mortuary.
(c) On receiving the complaint from P.W.1, P.W.11-the Sub-Inspector of Police, registered a case in Crime No.165 of 2010 under Section 302 I.P.C. at 3.00 a.m. against both the accused. Ex.P1 is the complaint and Ex.P9 is the First Information Report and he forwarded both the accused to the Court and forwarded the case diary to the Inspector of Police (P.W.13).
(d) P.W.13 took up the case for investigation. He proceeded to the place of occurrence, prepared an observation mahazar and the rough sketch, in the presence of P.W.7 and another witness. He also recovered blood stained earth and sample earth from the place of occurrence. In the hospital, he conducted inquest on the body of the deceased and forwarded the same for post-mortem.
(e) P.W.12-Dr.Prem Jeeva Vani, conducted autopsy on the body of the deceased on 6.2.2010 at 11.30 a.m. He found the following injuries:
"(1) A stab wound found 6 cm below (L) Collar Bone is the First Intercostal space of size 5 cm X 3 cm entering pleural cavity.
(2) A stab wound found over the 6 m Intercostal space 4 X 3 cm over the (L) Ant. Axillary Line entering the pleural cavity and stabbing the ant. wall of Left ventricle vacity 2 x 1 cm entering the (L) ventricular cavity.
(3) A stab injury 2.5 cm below Post superior iliac spine 6 x4x7 cm puncturing the glubeal muscles.
(4) A cut injury 3 x 1 cm x skin deep, exposing thenar muscles between (L) Thumb and (L) Forefinger (Index Finder).
Int Examination:
Thorax: Thoracic cavi
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