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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, V. BHARATHIDASAN, JJ.
Veeramuthu - Appellant
Vs.
State by the Inspector of Police - Respondent
Criminal Appeal No. 287 of 2015
Decided On : 22-06-2016
IPC - Criminal Appeal - Sections 294(b), 353, 302 - The judgment discusses the evidence presented by the prosecution, including eyewitness accounts and medical evidence, to establish the accused's guilt under the mentioned sections of the Indian Penal Code. The court also addresses the intention and motive of the accused, leading to the decision to uphold the conviction and sentence.
Fact of the Case:
The appellant was convicted for offenses under Sections 294(b), 353, and 302 of the Indian Penal Code (IPC) for causing the death of a Sub-Inspector of Police. The prosecution presented eyewitness accounts and medical evidence to establish the sequence of events leading to the victim's death.
Finding of the Court:
The court found the accused guilty based on the eyewitness accounts and medical evidence, concluding that the accused's actions led to the death of the victim. The court also addressed the lack of motive for false testimony against the accused and upheld the conviction and sentence imposed by the trial court.
Issues: The key issues revolved around the credibility of eyewitness accounts, the intention and motive of the accused, and the sufficiency of evidence to establish guilt under the relevant sections of the IPC.
Ratio Decidendi: The court relied on the credible eyewitness accounts, which were corroborated by medical evidence, to establish the accused's guilt. The court also considered the lack of motive for false testimony against the accused and the clear intention and motive demonstrated by the accused's actions.
Final Decision: The court dismissed the Criminal Appeal and confirmed the conviction and sentence imposed on the accused.
S. Nagamuthu, J.
The appellant is the sole accused in S.C. No. 10 of 2014 on the file of the learned III Additional District and Sessions Judge, Thiruvallur, at Poonamallee. He was charged for the offence under Sections 294(b), 353 and 302 IPC. By judgment, dated 19.03.2015, the trial court convicted him under all the charges and sentenced to undergo simple imprisonment for three months for the offence under Section 294(b) IPC and to undergo simple imprisonment for two years for the offence under Section 353 IPC and to undergo imprisonment for life (No fine was imposed) for the offence under Section 302 IPC. 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, Mr. Kathiresan, was a Sub-Inspector of Police. On 17.01.2013 around 10.30 am, he was on duty near the traffic signal, on Arcot Road, Valasaravakkam, Chennai. On the said day, near a tea stall, owned by one Murugan, the accused quarreled with P.W.2, who was standing near the tea stall. This developed into exchange of blows between them. At that time, the deceased, who was in the signal, was informed about the said occurrence. As a dutiful officer, the deceased rushed to the place of occurrence and prevented any further clash between them. He shouted at both the accused and P.W.2 and separated them. The accused went away from the said place. Then the victim went to the signal and he was fully involved in duty.
3. Around 02.00 pm, on the same day, the accused came near the signal. The victim was standing in front of a mobile shop, known as 'Fast Track Mobile Shop'. The accused was holding a wooden log. He shouted at the victim, scolded him in obscene language and attacked him with the wooden log on his head. The victim sustained injury on his head and there was profuse bleeding. The victim fell down. The accused ran away from the scene of occurrence, leaving the wooden log at the place of occurrence. The occurrence was witnessed by many people, who were in the Bazaar, including P.Ws.1 to 7.
4. P.Ws.1 to 7 have got either shops or place of work near the said place of occurrence. Immediately, P.W.1 and others took the deceased in an ambulance to Rakshitha Hospital. Dr. Usha, the Doctor on duty, at Rakshitha Hospital, examined him at 02.30 pm (Dr. Usha could not be examined as a witness during trial, as she had gone abroad). Dr. Usha found deep lacerated wound on the middle head of the victim. The skull was exposed. Ex.P-21 is the Accident Register. At that time, the victim was unconscious. On seeing that his condition was critical, she advised him to be taken to a higher medical center. P.W.12 was the Sub-Inspector of Police, K.K. Nagar Police Station, where the victim was also working. He had information about the occurrence. He went to Rakshitha Hospital from where he took the deceased to MIOT Hospital, which is a private hospital at Porur, Chennai. P.W.13, Dr. Muthulakshmi, examined him at 04.30 pm on 17.01.2013. At that time, the victim was unconscious. She admitted him as an inpatient. MRI Scan taken revealed that there was bleeding in the brain and there was also fracture of the skull. Around 02.30 pm, on 18.01.2013, a Neuro Surgeon conducted emergency surgery on the head of the deceased. The deceased was struggling even to breath. Therefore, oxygen was given through tracheostomy. The victim did not regain consciousness at all. At last, he succumbed to the injuries at 04.50 am on 28.01.2013.
5. When the victim was in the hospital, P.W.1 went to Valasaravakkam Police Station and made a complaint at 04.00 pm on 17.01.2013. P.W.17, the then Inspector of Police, on receipt of the said complaint, registered a case in Crime No.83 of 2013 under Sections 341, 294(b), 332 and 307 IPC against the accused. He forwarded the said documents to the Court, which were received by the learned Magistrate at 11.00 pm on 17.01.2013. Taking up the c
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