2016 Supreme(Mad) 1758
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.NAGAMUTHU, V.BHARATHIDASAN, JJ.
Sureshkumar & Ors. – Appellants
Vs
State by Inspector of Police Kannakkurichi Police Station, Salem - Respondent
Criminal Appeal Nos.456, 476 and 484 of 2014
Decided on : 21-06-2016
For the Appellants: Mr.V.Paarthiban for Mr.S.Srinivasa Narayanan
For the Respondent: Mr.M.Maharaja Additional Public Prosecutor
Headnote:
Criminal Procedure Code,1973 - Section 428 – Indian Penal Code,1860 - Sections 300 and 302 - Appeal Against Conviction - Accused 2 and 3 are brothers of one accused is husband of accused is brother of accused and brother-in-law of P.W.9 - First accused is a close relative of second accused - They were all residing at Village in Salem District - P.W.9 married 4th accused few year before occurrence was residing at village for some time - During that period Accused became his friends - On account of same he used to visit house of Accused 2 and 3 - In that process P.W.1 met P.W.9, who was already married and developed intimacy with her - Then P.W.1 eloped with P.W.9 to Bangalore and stayed there for about a months time - Accused went in search of P.W.9 At last he found her in Bangalore along with P.W.1 and brought her back to the village - At that time second accused was taking water in public tap near the temple - On seeing P.W.1 second accused got wild - He intercepted P.W.1 and questioned him as to how dare he had come to Village - Held, Though P.W.1 has not stated anything about as to what preceded the actual stabbing incident, going by natural human conduct court are able to presume that there should have been a quarrel between P.W.1 and Accused 1 and 2 and only in that quarrel first Accused and then the second accused had attacked P.W.1. By all means deceased would have intervened to save P.W.1. In that process first accused had stabbed deceased also - Certainly these two accused would have had no intention at all to kill the deceased as absolutely there was no motive against him. Therefore so far as the killing of the deceased is concerned act of first accused would squarely fall within the first exception to Section 300 IPC and therefore he is liable to punished for offence under Section 304(i) IPC as the act would fall under 3rd limb of Section 300 Indian Penal Code - At same time so far as second accused is concerned since occurrence was not a pre-meditated one and since there was no intention to cause death of deceased certainly there would have been no common intention for A1 and A2 to do away with deceased – Appeal Allowed
S.NAGAMUTHU, J.
The appellant in Cr.A.No.476 of 2014 is the first accused; the appellant in Cr.A.No.484 of 2014 is the second accused and the appellants in Crl.A.No.456 of 2014 are the accused 3 to 5 in S.C.No.154 of 2012 on the file of the First Additional District and Sessions Judge, Salem. They stood charged for the offences as detailed hereunder:-
Sl.No
Accused
Section of law
1.
A.1
120-B, 148, 341,307 r/w 149, 307 r/w 120-B, 302, 302 r/w 120-B
2.
A.2
148, 341, 307, 302 r/w.149
3.
A.3
120-B, 147, 341,307 r/w 149, 307 r/w 120-B, 302 r/w.149, 302 r/w 120-B
4.
A.4
120-B,147, 341,307 r/w 149, 307 r/w 120-B, 302 r/w.149, 302 r/w 120-B
5.
A.5
120-B,147, 341,307 r/w 149, 307 r/w 120-B, 302 r/w.149, 302 r/w 120-B
6.
A.6
120-B, 307 r/w 120-B, 302 r/w.149, 302 r/w 120-B
2. By judgment dated 12.08.2014, the trial Court acquitted the 6th accused and convicted and sentenced Accused 1 to 5 as detailed below:-
Accused
Section of law
Sentence
A.3 to A.5
147 I.P.C.,
Rigorous imprisonment for one year each.
A.1 and A2
148 I.P.C.
Rigorous imprisonment for one year each
A.1 to A.5
341 I.P.C.
Simple Imprisonment for one month each
A.1
302 I.P.C.
To undergo Life Imprisonment and to pay a fine of Rs.5,000/- and in default to undergo simple Imprisonment for six months
A.2 to A.5
302 r/w 149 IPC
Each of the accused to undergo life imprisonment and to pay a fine of Rs.5000/- and in default, to undergo Simple imprisonment for six months
A.2
307 I.P.C.,
To undergo 5 years rigorous imprisonment and to pay a fine of Rs.5000/- and in default to undergo 6 months simple imprisonment
A.1, A.3 to A.5
307 r/w 149 I.P.C.,
Each of the accused to undergo 5 years rigorous imprisonment and to pay a fine of Rs.5000/- and in default to undergo 6 months simple imprisonment
3. The Accused 2 and 3 are the brothers of one Mrs.Anuradha (P.W.9). The 4th accused is the husband of Mrs.Anuradha. The 5th accused is the brother of 4th accused and the brother-in-law of P.W.9. The first accused is a close relative of the second accused. They were all residing at Chinnakollapatti Village in Salem District. P.W.9 married the 4th accused few year before the occurrence. P.W.1 - Mr.Viswanathan was residing at Chinnakollapatti village for some time. During that period, Accused 2 and 3 became his friends. On account of the same, he used to visit the house of Accused 2 and 3. In that process, P.W.1 met P.W.9, who was already married and developed intimacy with her. Then, P.W.1 eloped with P.W.9 to Bangalore and stayed there for about a months' time. The 4th accused went in search of P.W.9. At last, he found her in Bangalore along with P.W.1 and brought her back to the village. After this incident, P.W.1 shifted his family to Vellandivalasu near Edappadi. For about 6 years, he did not visit Chinnakollapatti at all, because of the above incident. However, Accused 1 to 5 had developed grudges against P.W.1. The deceased in this case was one Mr.Elango. He was a friend of P.W.1. On 05.12.2010, P.W.1 informed the deceased viz., Mr.Elango that he was visiting Chinnakollapatti Village. Mr.Elango was also a resident of Chinnakollapatti Village. As told by P.W.1, the deceased came to Gorimedu in Chinnakollapatti village. Around 1.30 p.m., P.W.1 reached the said place in his motor cycle (M.O.1). P.W.1 met the deceased and after some time, via Mariamman Koil temple, in order to purchase mortar trowel, they went together towards bazaar. At that time, the second accused was taking water in the public tap near the temple. On seeing P.W.1, the second accused got wild. He intercepted P.W.1 and questioned him as to how dare he had come to Chinnakollapatti Village. The deceased interv