{"id":188235,"date":"2005-02-03T00:00:00","date_gmt":"2005-02-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bass-alias-jayabaskaran-vs-the-state-of-tamilnadu-on-3-february-2005"},"modified":"2019-03-12T22:11:56","modified_gmt":"2019-03-12T16:41:56","slug":"bass-alias-jayabaskaran-vs-the-state-of-tamilnadu-on-3-february-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bass-alias-jayabaskaran-vs-the-state-of-tamilnadu-on-3-february-2005","title":{"rendered":"Bass Alias Jayabaskaran vs The State Of Tamilnadu on 3 February, 2005"},"content":{"rendered":"
Madras High Court<\/div>\n
Bass Alias Jayabaskaran vs The State Of Tamilnadu on 3 February, 2005<\/div>\n
       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\nDATED: 03\/02\/2005\n\nCORAM:\nTHE HONOURABLE MR.JUSTICE P.D.DINAKARAN\nAND\nTHE HONOURABLE MR.JUSTICE S.ASHOK KUMAR\n\nCRIMINAL APPEAL No.109 of 2002\n\n\nBass alias Jayabaskaran,\nS\/o.Ganesan.\t\t\t... Appellant\/\n\t\t\t\t    Accused\n\nvs.\n\n\nThe State of Tamilnadu,\nRep.by Inspector of Police,\nAlanganallur Police Station,\nMadurai District.\nCrime No.8 of 1999\t\t... Respondent\/\n\t\t\t\t    Respondent\n\n\n\tAppeal under Section 374(2) of Criminal Procedure Code  against the\njudgment of the IV-Additional District and Sessions Judge (PCR), Madurai, made\nin S.C.No.468 of 2000, dated 26.09.2001.\n\n!For Appellant  ..  Mr.AR.L.Sundaresan\n\n^For Respondent ..  Mr.K.Radhakrishnan,\n\t\t   Additional Public Prosecutor.\n\n\n:JUDGMENT\n<\/pre>\n
\t(Judgment of the Court was delivered by S.ASHOK KUMAR,J)<\/p>\n
\tThe appellant, who is the sole accused in Sessions Case No.468 of 2000 on
\nthe file of learned IV-Additional Sessions Judge, Madurai, has filed this appeal
\nagainst the judgment, dated 26.09.2001, convicting him under Section 341 and 302
\nI.P.C. and sentencing him to undergo one year rigorous imprisonment for the
\noffence under Section 341 IPC and also to undergo life imprisonment and to pay a
\nfine of Rs.1000\/-, in default to undergo rigorous imprisonment for one year for
\nthe offence under Section 302 I.P.C.\n<\/p>\n
\t2.The brief facts of the prosecution case are as follows.:\n<\/p>\n
\t\t(a)P.W.1 Lakshmi is the mother of the deceased Chandra and P.W.2
\nSasikumar is her brother.  The deceased was deserted by her husband and living
\nin the house of her mother P.W.1.  The house of accused Bass alias Jayabaskaran
\nis 100 ft. away from the house of P.W.1.  There was a vacant sight between these
\ntwo houses, which was used by the family of P.W.1.  This has given rise to
\nfrequent quarrels between the family of the deceased and the accused.\n<\/p>\n
\t\t(b)On 02.11.1999, at about 8.00 p.m., P.W.1 asked the deceased to go
\nto shop and purchase groundnut cakes for the cattle, for which she gave Rs.100\/-
\nto her.  P.W.2 was also present at that time.  The deceased wanted to answer the
\ncall of nature (urinate) and thereafter to go to purchase groundnut cakes for
\nthe cattle.  At that time, the accused went towards the site where the deceased
\nwas proceeding to answer the call of nature.  Both P.Ws.1 and 2 seen this.  When
\nChandra was coming near the house of the accused, the accused prevented her from
\nmoving further  attempted to attack Chandra, and she escaped and rushed towards
\nthe house of one Sarala, to which place the accused chased her and when she fell
\ndown near the foot-steps of the house of Sarala, the accused stabbed Chandra
\nwith M.O.1 knife.  The entire occurrence was witnessed by P.Ws.1 and 2. After
\nthe occurrence, the accused ran away from the scene of occurrence.\n<\/p>\n
\t\t(c)P.Ws.1 and 2 and some other persons took the injured Chandra to
\n‘akunthala Clinic’  and after examination, the Doctor pronounced her as dead.
\nThereafter, P.Ws.1 and 2 went to Palamedu Police Station at about 8.45 p.m.,
\nwhere P.W.1 lodged Ex.P-1 complaint with P.W.13 Sub-Inspector of Police.  P.W.13
\nSub-Inspector of Police, on the strength of Ex.P-1 complaint, registered a case
\nin Crime No.8 of 1999 and prepared Ex.P-6 First Information Report and
\ndespatched the same to Court. He also sent the copies of Ex.P-6 FIR to higher
\nauthorities.\n<\/p>\n
\t\t(d)P.W.14 Inspector of Police, on receipt of copy of Ex.P-6 FIR,
\ntook up the investigation, visited the occurrence place at 10.00 p.m., made an
\nobservation and prepared Ex.P-7 observation mahazar.   He  also drew Ex.P-8
\nrough sketch.  At 11.15 p.m., P.W.14 recovered M.O.6 bloodstained cement plaster
\nand M.O.7 sample cement plaster from the scene of occurrence under the cover of
\nEx.P-9 mahazar.   From 11.30 p.m. to next day morning 2.00 a.m., P.W.14
\nconducted inquest on the body of deceased Chandra in the presence of
\nPanchayatdars and witnesses and prepared Ex.P-10 Inquest Report.  During the
\ninquest, P.W.14 examined P.Ws.1 & 2, P.W.3 Mohanraj, P.W.4 another Mohanraj,
\nP.W.6 Krishnamoorthy, P.W.8 Venkatesan and P.W.9 Rajasekaran and recorded their
\nstatements.  P.W.14 also recovered M.O.8 hundred rupee currency note from the
\nher hip  of the deceased, which was kept by  her putting a knot, under Ex.P-11
\nmahazar in the presence of witnesses.  Thereafter, P.W.14 sent the body of the
\ndeceased for postmortem  through P.W.11 Police Constable 882 Arumugam.\n<\/p>\n
\t\t(f)On 03.11.1999 at about 5.30 a.m., P.W.14 Inspector of Police
\narrested the accused near Pathirakaliamman Theatre and recorded his statement
\nand at 6.15 a.m., the accused voluntarily produced M.O.1 knife used by him at
\nthe time of occurrence from his waist and the same was recovered by P.W.14 under
\nEx.P-2 in the presence of witnesses.\n<\/p>\n
\t\t(g)P.W.15 Dr.Thiyagarajan, attached to Madurai Medical College
\nHospital, on receipt of the request from P.W.14 for conducting postmortem on the
\nbody of deceased Chandra, conducted autopsy on the body of the deceased at 10.45
\na.m. on 03.11.1999 and found the following injuries on the body.
\n\t“1.An transversely oblique stab wound at the back of left chest 10 cms.
\nlateral to the midline at the 9th intercostal level measuring 4.5 x 3 cms.
\nentering the abdominal cavity.  Both ends pointed.  Margins regular. On
\nDiossection, the wound passes obliquely upwards, forwards and medially piercing
\nthe underlying inter costal muscles, vessels, nerves 4.5 x 0.5 cm x through and
\nthrough and entering into the left pleural cavity 150 ml of blood clots.
\nPeritoneal cavity contains 1200 ml of blood with clots.\n<\/p>\n
\t2.A  transversely oblique incised wound l8 cms above the elbow joint on
\nthe inner aspect of the left upper arm 5 x 0.25 cm x skin deep with tailing of 1
\ncm outwards.\n<\/p>\n
\t3.A transversely oblique incised wound 10 cms. below the elbow joint 6 x
\n0.25 cm x skin deep with tailing of 1.25cm outwards.\n<\/p>\n
\t4.A transversely oblique incised wound in the dorsal aspect of the base of
\nmiddle of ring finger 3.5 cm x 0.25 cm x skin deep with tailing of 0.5 cm
\noutwards.”\n<\/p>\n
On completion of the postmortem, P.W.15 opined in his Ex.P-12 postmortem
\ncertificate that the deceased would appear to have died of shock and
\nhaemorrhage, due to external stab injury No.1 and the corresponding internal
\ninjuries, 12-16 hours prior to postmortem.  After postmortem, P.W.11 Constable
\nArumugam recovered M.O.2 Sari, M.O.3 green colour blouse and M.O.4 petticoat and
\nM.O.5 nose stud from the body of the deceased and handed over the same to P.W.14
\nInspector of Police.\n<\/p>\n
\t\t(h)P.W.16 Subbaraj, Inspector of Police, took up the further
\ninvestigation.  He examined P.W.7 Vasantha and other witnesses and recorded
\ntheir statements.  He also examined P.W.15 postmortem doctor and recorded his
\nstatement.  He completed the investigation and filed final report against the
\naccused under Sections 341 and 302 I.P.C.\n<\/p>\n
\t\t3.In the trial, P.Ws.1 to 16 were examined on behalf of the
\nprosecution and Exs.P-1 to P-12 as well as M.O.s.1 to 8 were marked on the side
\nof the prosecution.  Exs.D-1 to D-7 were marked on the side of the accused and
\nno witness was examined on  behalf  of him.  When  the accused was questioned
\nunder Section 313 of Criminal Procedure Code with regard to the incriminating
\ncircumstances appearing in the evidence of prosecution witnesses, the accused
\nhas denied the same stating either as false or does not know. On considering
\noral and documentary evidence produced by the prosecution and as well as on the
\nside of the defence, the learned trial judge found this appellant  guilty under
\nSections 341 and  302 I.P.C., convicted him thereunder and sentenced him to
\nundergo the maximum punishment of life imprisonment.  Aggrieved over the said
\nconviction and sentence, this appeal has been filed by the sole accused.\n<\/p>\n
\t\t4.Before this Court, Mr.AR.L.Sundaresan, learned counsel appearing
\nfor the appellant, would contend there is contradiction between the evidence of
\nP.Ws.1 and 2 with that of Ex.P-1 complaint and that the real culprit is the
\nhusband of the deceased, who deserted her wife but, unfortunately this innocent
\nappellant has been fixed by the mother of the deceased.  He further contended
\nthat P.Ws.1 and 2 could not have been the eye witnesses to the occurrence.  Per
\ncontra, Mr.K.Radhakrishnan, learned Additional Public Prosecutor, contended that
\nP.Ws.1 and 2 are natural eye-witnesses,  being the mother and brother of the
\ndeceased residing very near to the place of the occurrence and further the
\naccused was arrested within ten hours from the time of occurrence and  at the
\ntime of his arrest itself he has produced M.O.1 knife used at the time of
\ncommission of the offence and Ex.P-4 chemical examiner’s report would show that
\nthe blood was found in M.O.1 knife and the group of blood found in M.O.1 tallied
\nwith the blood group of the deceased as seen from Ex.P.6 serologist’s report.\n<\/p>\n
\t\t5.We have given our anxious consideration to the contentions of the
\nlearned counsel for the appellant and the rival contentions put-forth by the
\nlearned Additional Public Prosecutor for the State.\n<\/p>\n
\t\t6.The motive for the occurrence is said to be the dispute with
\nregard to the use of a vacant site found in between the house  of  the  accused
\nand  the deceased and because of that<\/p>\n
there were frequent quarrels between the two families.  This motive for the
\noccurrence has been mentioned in Ex.P-1 complaint itself by P.W.1.  Apart from
\nthat, the accused is said to have mentioned at the time of occurrence “unless
\nyou die, the quarrel will subsist ever between the two families”.  There is no
\nserious dispute on the part of the  appellant with regard to the motive.\n<\/p>\n
\t\t7.P.W.1 is the mother of the deceased and P.W.2 is her brother.
\nTheir house is nearer to the house of the accused and the occurrence had taken
\nplace just on the western side of the accused house, near the door steps of one
\nSarala’s house.  According to P.W.1, she gave Rs.100\/- to the deceased to
\npurchase groundnut cakes for the cattle and when the deceased went to answer the
\ncall of nature (urinate) before going to the shop, the accused followed her,
\nprevented her from proceeding further, picked up a quarrel, chased her to the
\nplace of occurrence where the deceased had fallen down and thereafter the
\naccused inflicted three injuries and out of which, injury No.1 is fatal, which
\nresulted in the death of the deceased even before she was admitted in a hospital
\nby her mother and brother.  Though the occurrence is at 8.15 p.m. on 02.11.1999,
\nwithin half-an-hour i.e. at 8.45 p.m. P.W.1 has lodged Ex.P-1 complaint with
\nP.W.13 Sub-Inspector of Police, who in turn registered a case in Crime No.8 of
\n1999 and printed FIR reached the court next day morning at about 6.15 a.m.  The
\ndistance between the police station and the Magistrate Court is about 35
\nkilometres.  Therefore, we do not find that there is any delay either in lodging
\nthe complaint or the First Information Report reaching the Court.\n<\/p>\n
\t\t8.The contention of the learned counsel for the appellant is that
\nthe deceased was deserted by her husband, who was living elsewhere and the
\noccurrence has taken place about a furlong away from the place of occurrence in
\nthe night time and hence  the husband might have committed the offence, but
\nunfortunatelyP.W.1 has fixed this appellant due to previous enmity. In fact,
\nduring the cross examination, such a story was put-forth on behalf of the
\naccused to P.W.1, but she has consistently denied this theory of the accused.
\nAccording to P.W.1, the deceased was living separately with her for more than
\none yea.  The husband of the deceased was working at Pondincherry as a Mechanic
\nin TVS Company and he has left the deceased in the house of P.W.1 one year
\nearlier.  There is no evidence to show that there were frequent quarrels between
\nthe deceased and her husband or the husband ever threatened to kill the
\ndeceased.  If really the husband of the deceased caused injury on the deceased
\non the fateful night, P.W.1, the mother of the deceased, will not leave the real
\nassailant and fix this accused falsely.  On the other hand, she has
\ncategorically asserted that the husband of the deceased, who  went to work at
\nPondicherry, never returned.  Therefore, the contention of the learned counsel
\nfor the appellant that it was the husband of the deceased who caused the injury
\non the deceased is not sustainable.\n<\/p>\n
\t\t9.Another important evidence is the circumstantial evidence. Within
\nten hours from the time occurrence, the accused was arrested and at the time of
\narrest itself, the accused himself produced M.O.1 knife used for the commission
\nof the offence and Ex.P-4  Chemical  Analysis  Report  and Ex.P-5 Serologist’s
\nreport<\/p>\n
would show that M.O.1 knife contained Human ‘A’ Group Blood, which tallied with
\nthe blood group of the deceased as seen from M.O.2 Sari, M.O.3 blouse, M.O.4
\npetticoat, where the same group of blood was found.  This important
\ncircumstantial evidence corroborates the ocular testimony of P.Ws.1 and 2.\n<\/p>\n
\t\t10.Coming to the next contention of the learned counsel for the
\nappellant that there are contradictions between the evidence of P.Ws.1 and 2
\nwith that of Ex.P-1 Complaint, in our opinion, they are minor in nature and do
\nnot in any way shake or cut through the root of the case of the prosecution that
\nit was the accused who caused fatal injuries on the deceased on the fateful
\nnight and caused her death.  Therefore, this contention is also falls to ground.\n<\/p>\n
\t\t11.The learned counsel for the appellant lastly  contended that the
\naccused is only 24 years old and due to quarrel between the two families he  got
\nprovoked, which resulted in the incident in which the deceased sustained
\ninjuries.  But, in our opinion, no case is made out to show that there was
\nsudden provocation at the time of occurrence or sustained provocation for the
\noccurrence.  The frequent wordy quarrels over the land dispute are said to be
\nthe motive for the occurrence.  If such a frequent quarrels or motives are to be
\ntaken as a ground for sustained provocation, then in all cases such motives will
\nhave to be taken as a cause for sustained provocation  and the sentences imposed
\nhave to be modified.  Hence, we do not find any reason to modify the offence
\nfrom Section 302 I.P.C. to any other offence.\n<\/p>\n
\t\t12.For all the reasons stated above, we are of the view that the
\ntrial court has correctly come to the conclusion that it is the appellant who
\ncommitted the offence and it rightly convicted him under Sections 341 and 302
\nI.P.C. and imposed the sentences thereunder. There is no reason at all to
\ninterfere with the conviction and sentence imposed by the trial court on the
\nappellant.  There are no merits in the appeal and it is liable to be dismissed.\n<\/p>\n
\t\t13.Accordingly, this appeal is dismissed.\n<\/p>\n
To:\n<\/p>\n
1.The IV-Additional Sessions Judge,
\n  Madurai.\n<\/p>\n
2.The Inspector of Police,
\n  Alanganallur Police Station,
\n  Madurai District.\n<\/p>\n
3.The Public Prosecutor,
\n  Madurai Bench of Madras High Court,
\n  Madurai.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Bass Alias Jayabaskaran vs The State Of Tamilnadu on 3 February, 2005 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03\/02\/2005 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE S.ASHOK KUMAR CRIMINAL APPEAL No.109 of 2002 Bass alias Jayabaskaran, S\/o.Ganesan. … Appellant\/ Accused vs. The State of Tamilnadu, Rep.by Inspector […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-188235","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nBass Alias Jayabaskaran vs The State Of Tamilnadu on 3 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/bass-alias-jayabaskaran-vs-the-state-of-tamilnadu-on-3-february-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bass Alias Jayabaskaran vs The State Of Tamilnadu on 3 February, 2005 - 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