{"id":203227,"date":"2005-02-09T00:00:00","date_gmt":"2005-02-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sankara-thevar-vs-state-rep-by-on-9-february-2005"},"modified":"2014-06-09T18:38:19","modified_gmt":"2014-06-09T13:08:19","slug":"sankara-thevar-vs-state-rep-by-on-9-february-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sankara-thevar-vs-state-rep-by-on-9-february-2005","title":{"rendered":"Sankara Thevar vs State Rep. By on 9 February, 2005"},"content":{"rendered":"
Madras High Court<\/div>\n
Sankara Thevar vs State Rep. By on 9 February, 2005<\/div>\n
       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\nDATED : 09\/02\/2005\n\nCoram:\nTHE HON'BLE MR.JUSTICE P.D.DINAKARAN\nAND\nTHE HON'BLE MR.JUSTICE S.ASHOK KUMAR\n\nCRIMINAL APPEAL No. 769  OF 2002\n\nSankara Thevar\t\t\t..Appellant\n\nVs.\n\nState rep. By\nThe Inspector of Police,\nKalakkad Police Station\nTirunelveli District\t\t..Respondent\n\n\n\tThis Criminal Appeal has been preferred against the  judgment and\nconviction passed by the Learned Principal District and Sessions Judge,\nTirunelveli District in S.C.No 362 of 1999, dated 26.3.2002.\n\n!For appellants ...\tMr.N.Mohideen Basha\n\n^For respondent\t...\tMr.Radhakrishnan\n\t\t\tAdditional Public Prosecutor\n\n:JUDGMENT\n<\/pre>\n
S.ASHOK KUMAR,J.,\t<\/p>\n
\tThe appellant was the sole accused in S.C.No.362 of 1999 on the file of
\nthe Principal Sessions Judge, Tirunelveli. He was convicted for offences under
\nSection 302 IPC, and sentenced to undergo imprisonment for life, and to pay a
\nfine of Rs.500, in default to undergo rigorous imprisonment for three months,
\nand also convicted for the offence under Section 324 IPC, and sentenced to
\nundergo rigorous imprisonment for Six months, both the sentences to run
\nconcurrently.\n<\/p>\n
\t2. The brief  facts of the prosecution case are as follows:
\n\tThe deceased is one of the son-in-law’s of the accused. P.W.1 is  younger
\nbrother of the deceased. P.W.2 is the wife of the deceased. P.W.3 is mother of
\nP.W.2 and wife of the accused.  They were all residents of Pothaisuthi village
\nnear Kalakkad in Tirunelveli District. The accused borrowed a sum of Rs.10,000\/=
\nfrom one Mani, widow and for payment of interest he allowed the said Mani to
\ncultivate the land. The deceased and P.W.3 along with some hirelings threatened
\nthe said Mani to pay them Rs.10,000\/= for cultivating the land which culminated
\nin lodging of a complaint Ex.P.1 by the said Mani before the Kalakkad Police
\nStation. On 8.2.1999, the Inspector of Police called the complainant Mani, the
\ndeceased, P.W.1 and P.W.4 and another Durai, a hireling of the deceased and
\ncompromised the matter, by which the accused should pay Rs.13,700\/= to the said
\nMani within one month and on such payment the said Mani should hand over
\npossession of the land to the accused.  A Muchalika was also signed by the
\naccused, his wife  P.W.3, the deceased and P.W.1, which is part of Ex.P.1. Two
\ndays later, i.e., on 10.2.1999, when the deceased was standing in front of his
\nhouse the accused attempted to beat him with iron pipe, P.W.1 intervened and
\nsustained injury on his left wrist. The deceased took to his heel, but the
\naccused chased him and hit him repeatedly with the iron pipe, which caused the
\ninstantaneous death. This occurrence took place at about 4.00 pm., Immediately,
\nP.W.1 went to Kalakkad Police Station and lodged the complaint at 7.00 pm., The
\nsame was recorded by P.W.7, Grade I Police Constable who registered a case in
\nCrime NO.54 of 1999 under Section 302 IPC. P.W.12 Inspector of Police took up
\nthe investigation and he went to the place of occurrence at 9.00 pm., and in the
\npresence of Muruganand one Kannupandi he prepared Ex.P.3 observation mahazar.
\nThereafter he also prepared rough sketch Ex.P.18. On the same day between 10.00
\npm., and 12.00 pm.,  he conducted inquest on the body of the deceased in the
\npresence of Panchayatdars and some witnesses. The inquest report prepared by him
\nis Ex.P.19. Thereafter he sent Ex.P.8 requisition to P.11, Medical Officer,
\nGovernment Hospital, Kalakkad, to conduct autopsy on the body of the deceased at
\n11.00 a.m.,  The Doctor  found the following injuries:-\n<\/p>\n
\t“External injuries:-\n<\/p>\n
\t1)\tA lacerated wound on he Head extending from above the right eye on
\nthe forehead to the right and top of Head  above the right ear. The wound runs
\nfrom posterior to anterior. The edge was crushed. Depth is more on the posterior
\nside. Size 10 cms x 3 cms x 4 cms. Scalp tissue injured. Commuted irregular
\nfracture of the right parietal bone 4 cms x 2 cms x 2 cms. Bone pieces are
\nloosely present blood clots present. The underlying brain compressed and
\ndamaged.\n<\/p>\n
\t2) A lacerated wound on the top and front side of head running posterior
\nto anterior. Depth more on the posterior side. Tissue irregular cut and crushed
\n5 cms x 3 cms x 3 cms. Frontal bone linear fracture 3 cms x 1 cm. Blood clots
\npresent. The underlying brain compressed and damaged.\n<\/p>\n
\t3) A lacerated wound on the right cheek near the eye 4 cms x 2 cms x 2 cms
\nunderlying bone maxilla fractured. Blood clots present.\n<\/p>\n
\t4) A lacerated wound on the middle of forehead 2 cms x 1 cm x 1 cm blood
\nclots present.\n<\/p>\n
\t5) A lacerated wound right cheek 3 cms below the wound No.3 2 cms x 1 cm x
\n2 cms. Wound enters into the mouth. The right upper 2 premolar and 1st molar
\nteeth broken All the wounds are antemortem.\n<\/p>\n
\tInternal Examination:\n<\/p>\n
\tAbdomen: Viscera in situ. No internal injury. Stomach contains partly
\ndigested food. Liver pale. Kidney pale. Spleen pale, Large intestine foecal
\nmatter. Bladder empty. Thorax: Viscera in situ No internal injury. Heart empty .
\nLungs pale.  Head: injuries already described Brain pale.”\n<\/p>\n
\t3. Ex.P.15 is the postmortem certificate. He also gave the opinion that
\nthe deceased appears to have died of Head injury and brain damage.\n<\/p>\n
\t4. P.W.11, Dr.Jayakumar, also treated P.W.1, who sustained injuries at the
\nhands of the accused at 10.00 pm., on 10.2.1999.  P.W.1 sustained contusion  on
\nthe back of left hand 3 x 2 x 2 cm. P.W.12 Inspector of Police, on the same day
\nexamined P.W.1, Chinnadurai, P.W.2 Santhanam, P.W.3, Shanmughathai, P.W.4
\nMurugan, P.W.8, Paulraj,  and witnesses Murugammal, Mani and Kannupandi and
\nrecorded their statements.  On 11.2.1999 at 00.30 hrs he seized M.O.2
\nbloodstained earth, M.O.3, Sample earth from the place of occurrence under a
\ncover of mahazar Ex.P.4, attested by P.W.6 Lakshmanan and one Thaila Thevar. On
\nthe same day, he examined the attesting witnesses. On 12.2.1999,  he examined
\nP.W.11, Doctor  and recorded his statement. On 15.2.199 by 11.30 a.m., in the
\npresence of  P.W.5, Thaila Thevar and P.W.6, Lakshmanan, near Idayankulam Bus
\nStop he arrested  the accused. The accused volunteered to give a confession
\nstatement, admissible portion of the said statement is Ex.P.6.  In pursuance of
\nthe said confession , the accused took P.W.12 and other witnesses to the
\nbackside of the house of one Poothapandi of Keezhadevanallur and produced M.O.1
\niron pipe from a bush, which was seized under a cover of mahazar Ex.P.5. The
\naccused and case properties were remanded to judicial custody.  He further
\nexamined P.W.11 Doctor on 3.6.1999 and recorded his statement. After completing
\nthe investigation, on 5.6.1999 he filed the final report before the Judicial
\nMagistrate, Nanguneri against the accused for alleged offence under Section 302
\nIPC.\n<\/p>\n
\t5. In the Sessions Court, Tirunelveli, on behalf of the prosecution, P.Ws.
\n1 to 23 were  examined and Exs.P.1 to 20 and M.Os 1 to 6 were marked. No witness
\nwas examined, nor any document was marked on behalf of the accused. When the
\naccused was questioned under Section 313 Cr.P.C., with regard to the
\nincriminating circumstances appearing in the evidence of the prosecution
\nwitnesses, the accused denied the same as false.\n<\/p>\n
\t6. On a consideration of the oral and documentary evidence produced on
\nbehalf of the prosecution, the learned Sessions Judge came to the conclusion
\nthat the charges framed under sections 324 and 302 IPC have been proved and
\nconvicted the accused as mentioned earlier.  Hence this appeal.\n<\/p>\n
\t7. Mr.Mohideen Basha, learned counsel appearing for the appellant would
\ncontend that  there is a delay in the FIR reaching the court since the learned
\nJudicial Magistrate has not noted the time of receipt of the FIR and the FIR
\ncontained all the details of the nature of injuries, it would show that the FIR
\nshould have been prepared only after seeing the body and noting the injuries.
\nThe further contention of the learned counsel is  that P.W.1 is a chance witness
\nand his evidence is highly suspicious and should not be acted upon and also that
\nEx.P.1 and P.20 have been prepared for the purpose of the case.\n<\/p>\n
\t8. Per contra, Mr.Radhakrishnan, Additional Public Prosecutor, vehemently
\ncontended  that apart from P.W.1, younger brother of the deceased, wife of the
\ndeceased P.W.2 and wife of the accused P.W.3 have also deposed about the
\noccurrence and their presence at the scene of occurrence cannot be
\ndisputed,because the occurrence took place in front of their houses.\n<\/p>\n
\t9. As regards the contention of the learned counsel for the appellant that
\nEx.P.1  complaint, dated 1.2.1999 given by Mani and Ex.P.20, compromise, dated
\n8.2.1999 are documents created for the purpose of this case, the said contention
\nis not sustainable for the simple fact that the deceased Sudalaikannu has also
\nsigned in the compromise which is found in the complaint Ex.P.1 itself.
\nTherefore the Exs.P.1 and 20 could not have come into existence after the FIR
\nand therefore there is no reason to doubt Exs.P.1 and 20.  The motive for the
\noccurrence is said to be that  the accused  has  borrowed a sum of Rs.10,000\/=
\nfrom the said Mani and in lieu of interest, he has permitted her to cultivate
\nthe land which  was not tolerable to the deceased and the wife of the accused.
\nThat is why ;the deceased and P.W.3, wife of the accused have threatened the
\nsaid Mani to give them Rs.10,000\/= which has culminated in lodging of a
\ncomplaint by the said Mani before Kalakkad Police Station on 1.2.1999 which is
\nmarked as Ex.P.1. On 8.2.1999 a compromise has been arrived at  in which the
\naccused, P.W.1, the deceased, P.W.3 wife of the accused have agreed to pay
\nRs.13,700\/= in one month  and all of them have signed the compromise.\n<\/p>\n
\t10. Apart from Exs.P.1 and P.20, P.W.12,Inspector of Police has also sent
\nfor the documents and deposed about the same. The accused got a grievance
\nagainst the deceased, because  the said Mani was forced to lodge a complaint
\nonly due to the behaviour of the deceased in threatening her and due to such
\nmotive he is said to have caused the death of the deceased by beating him
\nrepeatedly with the iron pipe. The occurrence is spoken to by P.W.1, younger
\nbrother of the deceased, P.W.2, wife of the deceased and P.W.3, wife of the
\naccused. P.W.2  is not only the wife of the deceased, but also the daughter of
\nthe accused.   The presence  of P.W.s 2 and 3 at the place of occurrence cannot
\nbe termed as impossible, nor those two witnesses can be called as chance
\nwitnesses. They are natural witnesses residing in their houses and the time of
\noccurrence is also 4.00 pm., by which time, the ladies will be normally staying
\nin the houses. Therefore, P.Ws 2 and 3 cannot be termed as chance witnesses or
\ntheir presence at the place of occurrence cannot be disputed.\n<\/p>\n
\t11. Apart from the evidence of P.Ws 2 and 3 there is supporting evidence
\nof P.W.1, whose evidence is  cogent and corroborating the evidence of P.Ws 2 and\n<\/p>\n
3. Further, there is no need for the wife of the accused, P.W.3 to depose
\nagainst her husband, if it is a false case foisted against him.\n<\/p>\n
\t12. Apart from the ocular evidence  of witnesses P.Ws 1 to 3, there is
\nimportant circumstantial evidence i.e., on 15.2.1999 when the accused was
\narrested, he has volunteered to give a confession statement, admissible portion
\nof which  is Ex.P.6 and in furtherance of the said confession he has produced
\nM.O.1 Iron Rod, which was seized under a cover of mahazar Ex.P.5. When the said
\nIron Rod and the case properties were sent for chemical analysation, Ex.P.13,
\nSerologists Report revealed that M.O.1 Iron Rod and M.O2, bloodstained earth
\ncontained human blood.  According to P.11, Dr.Jayakumar, who conducted autopsy,
\nthe injury No.1, a lacerated wound on the head was fatal. Lacerated wounds found
\non the head of the deceased and right cheek and middle of forehead could have
\nbeen caused by M.O.1 iron pipe and also these injuries could have caused the
\ninstantaneous death. The ocular evidence  of P.Ws. 1 to 3 is supported by
\nmedical evidence  and also by circumstantial evidence namely recovery of M.O.1
\nweapon, which was found to contain human blood. We do not find any reason to
\ndoubt with the evidence of P.Ws 1 to 3, who are close relatives of the accused
\nand we do not find any reason to interfere with the judgment and conviction of
\nthe accused. Hence this appeal deserves to be dismissed and the same is
\ndismissed accordingly.\n<\/p>\n
gkv<\/p>\n
Copy to:\n<\/p>\n
1) The Public Prosecutor
\n     Madurai Bench of Madras High Court.\n<\/p>\n
     Madurai.\n<\/p>\n
2.  The Principal District and Sessions Judge,
\n     Tirunelveli District<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Sankara Thevar vs State Rep. By on 9 February, 2005 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09\/02\/2005 Coram: THE HON’BLE MR.JUSTICE P.D.DINAKARAN AND THE HON’BLE MR.JUSTICE S.ASHOK KUMAR CRIMINAL APPEAL No. 769 OF 2002 Sankara Thevar ..Appellant Vs. State rep. By The Inspector of Police, Kalakkad Police Station […]<\/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-203227","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nSankara Thevar vs State Rep. 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