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2016 Supreme(Mad) 905

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. JAICHANDREN, S. NAGAMUTHU, JJ.
Murali - Appellant
Versus
State Rep. by The Inspector of Police (L & O) - Respondent
Criminal Appeal No.512 of 2012
Decided On : 16-03-2016

Advocates Appeared:
For the Appellant : Mr. A. Shiv Kumar
For the Respondent: Mr. M. Maharaja, APP

Headnote:

Indian Penal Code,1860 - Sections 302 and 506(ii) - Appeal Against Conviction - This case was one are mother and father respectively of deceased are his friends P.W.6 is his wife - Deceased was an auto driver by profession father of deceased owned a share auto rickshaw - On wanted deceased to take share auto to a workshop and get it repaired - Accordingly deceased washed auto and then took it to the workshop along with his friend - Deceased had gone to a wine shop in Parry Road at - Wine shop was in ground floor and in order to facilitate consumers to enjoy drinks a bar was arranged on first floor of building with tables and chairs - There was also a person to serve deceased and reached the bar at and started consuming liquor - They continued to drink – Therefore got down from first floor and reached ground floor - On hearing information about above quarrel which was going on for quite some time P.Ws.1 and 2 came to wine shop. P.W.3 told them about quarrel - Held, Now turning to quantum of punishment at time of occurrence accused was hardly aged twenty-four years - Deceased was also an young man and was married - They were friends for a long time and occurrence itself was because deceased instead of taking liquor with him had joined P.W.3 to consume liquor - Occurrence was not premeditated and it was out of a quarrel - Accused had no bad antecedents - There are lot of chances for his reformation - He has got family to take care of - Having regard to all these mitigating as well as aggravating court are of view that sentencing accused to undergo rigorous imprisonment for five years and to pay a fine of amount in default to suffer rigorous imprisonment for a further period of four weeks for offence under Section 326 of Indian Penal Code would meet the ends of justice - Criminal Appeal is partly Allowed

JUDGMENT :

S. Nagamuthu, J.

The appellant is the sole accused in S.C. No. 102 of 2011 on the file of the learned II Additional Sessions Judge, Tiruvallur @ Poonamallee. He stood charged for offences under Sections 302 and 506(ii) of IPC. The trial court, by judgement dated 24.07.2012, convicted the appellant under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a further period of one year for offence under Section 302 of IPC and to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a further period of six months for offence under Section 506(ii) of IPC. Challenging the above said conviction and sentence, the sole accused is now 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. Suresh. P.Ws.1 and 2 are the mother and father respectively of the deceased. P.Ws.3, 4 and 5 are his friends. P.W.6 is his wife. The deceased was an auto driver by profession. P.W.2, the father of the deceased owned a share auto rickshaw. On 20.02.2011, P.W.2 wanted the deceased to take the share auto to a workshop and get it repaired. Accordingly, the deceased washed the auto and then took it to the workshop along with his friend Mr. Ruban [P.W.3]. The deceased had gone to a wine shop in Parry Road at Mogappair. The wine shop was in the ground floor and in order to facilitate the consumers to enjoy the drinks, a bar was arranged on the first floor of the building with tables and chairs. There was also a person to serve. The deceased and P.W.3 reached the bar at 11.00 a.m. and started consuming liquor. They continued to drink from 11.00 a.m. onwards. P.Ws.4 and 5 were also in the bar taking liquor. At that time, the accused came to the bar. He also started drinking. On seeing the deceased in the company of P.W.3, the accused questioned the deceased as to why he had joined hands with P.W.3. This resulted in a quarrel. The accused threatened to stab P.W.3 as well as the deceased. Therefore, P.W.3 got down from the first floor and reached the ground floor. On hearing the information about the above quarrel, which was going on for quite some time, P.Ws.1 and 2 came to the wine shop. P.W.3 told them about the quarrel. Therefore, all the three again went into the bar in the first floor. Again there arose quarrel. At that time, in the quarrel, the accused took out a knife and stabbed the deceased on his left upper arm. Then, he ran away from the scene of occurrence. Thus, the occurrence was witnessed by P.Ws.1 to 5.

3. Then, P.Ws.1 to 5 took the deceased to a private nursing home known as "Raj Nursing Home" situated somewhere near the place of occurrence. P.W.11-Dr.Vijakumar Ilango, who was in the said nursing home, examined the deceased at 02.45 p.m. on 20.02.2011. At that time, the deceased was conscious. He told the Doctor that he was stabbed by a known person with knife. P.W.1 recorded the same in the accident register. Ex.P.6 is the accident register. He made suturing of the wound as a first aid and advised him to be taken to the Government General Hospital. Therefore, P.Ws.1 and 2 took the deceased to Rajiv Gandhi Government General Hospital at Chennai.

4. P.W.15-Dr.Bargavi attached to Rajiv Gandhi Government General Hospital, Chennai, admitted the deceased at 04.55 p.m. on 20.02.2011 as in patient after making entry in the accident register. At that time, the deceased was unconscious. P.W.1 told P.W.15-Doctor that the deceased was stabbed by a known person with knife. Ex.P.10 is the accident register.

5. At 05.30 p.m. on 20.02.2011, P.W.12 Dr. Sagaya Inbasekar, attached to the said Government General Hospital, examined the deceased. The deceased was unconscious. Tracheal tube was fixed through his nose to enable him to breathe. When the Doctor further examined him, he found two sutured wounds on the left upper




































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