{"id":43343,"date":"2004-02-24T00:00:00","date_gmt":"2004-02-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/karuppasami-vs-state-by-on-24-february-2004"},"modified":"2014-06-02T13:20:01","modified_gmt":"2014-06-02T07:50:01","slug":"karuppasami-vs-state-by-on-24-february-2004","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/karuppasami-vs-state-by-on-24-february-2004","title":{"rendered":"Karuppasami vs State By: on 24 February, 2004"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Karuppasami vs State By: on 24 February, 2004<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 24\/02\/2004\n\nCORAM\n\nTHE HONOURABLE MRS. JUSTICE R.BANUMATHI\n\nCRL.APPEAL No.283 of 1997\n\n1. Karuppasami                                 ...  Appellants \/\n2. Muniasami                                    Accused 1 and 2\n\n-Vs-\n\nState by:\nInspector of Police,\nEttayapuram Police Station.                     ...  Respondent.\n\n                Criminal Appeal against the judgment dated 02.04.1997 made  in\nS.C.   No.98  of  1993  on  the  file  of Principal Sessions Judge, Tuticorin,\nChidmbaranar District.\n\n!For appellants :  Mr.  G.Anandharangan,\n                for     Mr.K.Selvarangam and\n                Mr.  L.Mahendran\n\n^For respondent :  Mr.  A.N.Thambidurai,\n                Government Advocate,\n                (Crl.Side).\n\n\n\n:J U D G M E N T\n<\/pre>\n<p>                Accused 1 and 2 in S.C.No.98 of 1993 on the file of  Principal<br \/>\nSessions Court,  Tuticorin  are  the  Appellants.  By the judgment dated 02.04<br \/>\n.1997, the Sessions Court has convicted A.1 under Sec.304 (II) I.P.C.  and A.2<br \/>\nunder Sec.304 (ii) I.P.C.  r\/w Sec.109 I.P.C.  and sentenced them  to  undergo<br \/>\nRigorous Imprisonment for a period of eight years each.\n<\/p>\n<p>                2.   The  Accused and Prosecution Witnesses 1 to 3 are related<br \/>\nas noted below:-\n<\/p>\n<blockquote><p>                        Chandramathi (P.W.1)<br \/>\n                                        |\n<\/p><\/blockquote>\n<blockquote><p>                &#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-\n<\/p><\/blockquote>\n<pre>                |                                                       |\n=Parvathy (1st wife)                    =Guruvammal (2nd wife)\n                |                                               |\n----------------------------    Raju (Son)(deceased)\n|                                       |\nMadasamy (Son)          Muthammal\n(P.W.2)                 daughter of\n= Mariammal (P.W.3)     P.W.1\nwife of P.W.2.                  |\n                                        Karuppasamy (A.1)\n                                        = Kaliammal\n\n\n<\/pre>\n<blockquote><p>Kaliammal is the sister of Shanmugam (deceased Accused),  who  married  A.1  &#8211;\n<\/p><\/blockquote>\n<p>Karuppasamy.  A.2 Muniasamy is the brother of Shanmugam.\n<\/p>\n<p>                3.  The case of the prosecution could briefly be stated thus:-\n<\/p>\n<p>                Occurrence.   P.W.1  (Chandramathy), P.W.2 (Madasamy), P.W.3 (<br \/>\nMariammal) and deceased Raju are residents of Kadalaiyur.  The  family  of  P.<br \/>\nWs.1 to 3 and Raju are engaged in preparing &#8216;Artificial Hair&#8217; (rt[hp Ko fl;Lk;<br \/>\nbjhHpy;).   About  three days prior to the occurrence (12.05.199 1), family of<br \/>\nP.Ws.1 to 3 and the deceased Raju went  to  Chemmaputhur  in  connection  with<br \/>\ntheir business.    In Chemmaputhur, they stayed in Nadar Samuthaya Mandapam, &#8211;<br \/>\nin front of Panchayat Board Office.  A.2  &#8211;  Muniasamy  and  deceased  Accused<br \/>\nShanmugam also stayed with them.\n<\/p>\n<p>                4.  A.2 and deceased Accused Shanmugam married the girls, (who<br \/>\nare  younger  sisters  to  deceased  Raju)  within the prohibited relationship<br \/>\nregarding which, Raju was frequently teasing them.  On the date of occurrence,<br \/>\ni.e.  on 12.05.1991 &#8211; 11.00 a.m., A.2 and deceased Accused Shanmugam asked A.1<br \/>\n&#8221; uh$%it ,d;Dkh tpl;L itj;jpUf;fpwha;&gt;&#8221;.  Instigated by A.2 and Shanmugam, A.1\n<\/p>\n<p>&#8211; Karuppasami inflicted two stab injuries on the chest and back of Raju.  Raju<br \/>\ndied on the spot.  The occurrence was witnessed by P.Ws.1 to 3.\n<\/p>\n<p>                5.  Complaint.  P.W.5  (Kuthappan)  &#8211;  Village  Administrative<br \/>\nOfficer  of  Chemmaputhur  came to the spot and enquired about the occurrence.<br \/>\nP.W.1 &#8211; father of Raju informed P.W.5 about the occurrence.   P.W.5  &#8211;  V.A.O.<br \/>\nrecorded the  statement  of  P.W.1  (Ex.P.1)  at  11.30  a.m.    He  made  his<br \/>\nendorsement &#8211; Ex.P.2.  Thereafter, Ex.P.1 &#8211; Statement was sent to  Ettayapuram<br \/>\nPolice Station through the Village Assistant &#8211; P.W.6 ( Mariappan).  Ex.P.1 was<br \/>\nhanded over in Ettayapuram Police Station at 1 .00 p.m.  on 12.05.1991.\n<\/p>\n<p>                6.  Registration  of  case.  On receipt of Ex.P.1 &#8211; Statement,<br \/>\nP.W.9 &#8211; Sub Inspector of Police registered the case in Crime  No.208  of  1991<br \/>\nunder Sec.302  I.P.C.    under Ex.P.13 &#8211; First Information Report at 1.00 p.m.<br \/>\nExs.P.1 and P.13 were sent to Judicial Magistrate, Kovilpatti through P.W.8  &#8211;<br \/>\nPolice Constable.    P.W.8  handed  over the same in the Judicial Magistrate&#8217;s<br \/>\nCourt at 2.30 p.m.<\/p>\n<p>                7.  Investigation.  P.W.11 &#8211; Inspector of Police had taken  up<br \/>\nthe investigation.   Scene of occurrence &#8211; near Panchayat Office, Chemmaputhur<br \/>\nwas inspected in the presence of witnesses P.Ws.5 and 6.  Ex.P.3 &#8211; Observation<br \/>\nMahazar and Ex.P.16 &#8211; Rough Plan were prepared on the scene of occurrence.\n<\/p>\n<p>                8.  Inquest.  Between 2.00 to 4.00  p.m.,  P.Ws.1  to  4  were<br \/>\nexamined  in the presence of Panchayatdors and inquest was held on the body of<br \/>\ndeceased Raju.  Ex.P.17 is the Inquest Report.  After inquest, body was handed<br \/>\nover to Police Constable No.1308  with  Ex.P.14  &#8211;  Requisition  for  Autopsy.<br \/>\nM.O.1  &#8211; Blood stained Vegetable Matter mixed with mud and M.O.2 &#8211; sample were<br \/>\nseized from the scene of occurrence under Ex.  P.4 &#8211; Seizure Mahazar.\n<\/p>\n<p>                9.  Post-mortem.  P.W.10 &#8211; Dr.Chellappa Reddiar,  attached  to<br \/>\nEttayapuram  Government Hospital had conducted Autopsy on the body of deceased<br \/>\nRaju.   Noting  the  injuries  on  the  chest  and  on  the  left  scalp  with<br \/>\ncorresponding   internal   injuries,   P.W.10  issued  Ex.P.15  &#8211;  Post-mortem<br \/>\nCertificate.  He opined  that  the  deceased  died  of  cumulative  effect  of<br \/>\nhaemorrhage and   shock   resulting   from  injuries  sustained.    After  the<br \/>\nPost-mortem, blood stained clothes of the deceased &#8211; M.Os.4 to 7 were seized.\n<\/p>\n<p>10.  Arrest of the Accused.  On 12.05.1991  &#8211;  5.00  p.m.,  A.2  and  deceased<br \/>\nAccused Shanmugam  were  arrested  near  Keezha Eeral.  On being interrogated,<br \/>\ndeceased Accused Shanmugam had voluntarily given a Confession Statement, which<br \/>\nled to the recovery of M.O.3 &#8211; Knife under Ex.P.5 &#8211; Seizure Mahazar.  A.1  was<br \/>\narrested  in  connection with this case on 21.05.1991 and remanded to judicial<br \/>\ncustody on the same day.  The seized Material Objects were sent  for  Chemical<br \/>\nAnalysis.   On completion of investigation, charge sheet was filed against the<br \/>\nAccused 1 and 2 and deceased Accused  Shamnugam  on  12.06.1991  under  Ss.302<br \/>\nI.P.C.  r\/w 34   I.P.C.;  302  I.P.C.    r\/w  109  I.P.C.    During  Committal<br \/>\nProceedings, Accused Shanmugam died.  Hence, the case against him abated.\n<\/p>\n<p>                11.  To substantiate the charges against the  Accused  in  the<br \/>\ntrial Court P.Ws.1  to 11 were examined.  Exs.P.1 to P.17 were marked.  M.Os.1<br \/>\nto 7 were remanded to the Court.  The Accused were  questioned  under  Sec.313<br \/>\nCrl.P.C.  The  defence is one of total denial.  Eye witnesses P.Ws.2 to 4 have<br \/>\nturned hostile.  P.W.5 &#8211; V.A.O.  and P.W.6 &#8211; Village Assistant have  also  not<br \/>\nsupported the prosecution case on the arrest of deceased Accused Shanmugam and<br \/>\nA.2.\n<\/p>\n<p>                12.   Upon careful scrutiny of evidence, the trial Court found<br \/>\nthat the evidence of solitary witness, viz.  P.W.1 is spontaneous, natural and<br \/>\nreliable.  Finding  that  evidence  of  P.W.1  is  strengthened  by  Ex.P.1  &#8211;<br \/>\nStatement  and  the  medical  evidence,  the  learned Sessions Judge convicted<br \/>\nAccused 1 and 2 and sentenced them to imprisonment as  aforesaid.    Aggrieved<br \/>\nover the conviction, Appellants \/ A.1 and A.2 have preferred this appeal.\n<\/p>\n<p>                13.   Taking  me through the evidence, the learned counsel for<br \/>\nthe Accused assailed the findings of the trial Court contending that the trial<br \/>\nCourt erred in basing the conviction upon  the  solitary  testimony  of  P.W.1<br \/>\nwithout  properly  appreciating  the  variations in his evidence regarding the<br \/>\ntime of the occurrence.  The reliability of P.W.1&#8217;s evidence  is  attacked  on<br \/>\nthe   ground   that   it   suffers  from  inconsistencies  and  contradictions<br \/>\nparticularly on the time of occurrence.  It is further submitted that  in  the<br \/>\nlight  of  hostility of P.Ws.5 and 6, arrest of Shanmugam and A.2 Muniasami is<br \/>\nnot convincing and while so, the trial Court erred in convicting A.2 also  and<br \/>\nthe same cannot be sustained.\n<\/p>\n<p>                14.   Supporting  the  finding of the trial Court, the learned<br \/>\nGovernment  Advocate  has  submitted  that  the  evidence  of  P.W.1  is  well<br \/>\ncorroborated by  the medical evidence.  Further submitting that P.W.1 being an<br \/>\naged and rustic man, any variation in the time of occurrence would not in  any<br \/>\nway  undermine  his version and that the verdict of conviction does not suffer<br \/>\nfrom any infirmity, warranting interference.\n<\/p>\n<p>                15.  Upon  careful  reassessment  of  the  evidence,  impugned<br \/>\njudgment,  evidence  and other materials on record, the following points arise<br \/>\nfor consideration in this appeal:-\n<\/p>\n<p>(i) Whether the trial Court was right in finding the Accused 1  and  2  guilty<br \/>\nunder Ss.304 (II) I.P.C.  and 304 (II) I.P.C.  r\/w 109 I.P.C.  respectively on<br \/>\nthe basis of the solitary testimony of P.W.1 ?\n<\/p>\n<p>(ii)  Whether  the conviction of the Appellants \/ A.1 and A.2 suffers from any<br \/>\ninfirmity warranting interference ?\n<\/p>\n<p>                16.   P.Ws.1  to  3  and  deceased  Raju  are   residents   of<br \/>\nKadalaiyur,  who are engaged in the business of making Artificial Hair ( rt[hp<br \/>\nKo fl; Lk; bjhHpy; ).   In  connection  with  their  business,  they  came  to<br \/>\nChemmaputhur.   A.2  and  deceased  Accused Shanmugam &#8211; brothers-in-law of A.1<br \/>\nalso came to Chemmaputhur.  All of them stayed in Nadar Samuthaya Mandapam, in<br \/>\nfront of Panchayat Board Office.  P.W.1 &#8211; Chandramathy, aged 70 about years is<br \/>\nliving with his family members.  It is quite natural that he  had  accompanied<br \/>\nhis  family  members,  who  came  to  Chemmaputhur  in  connection  with their<br \/>\nbusiness.  Presence of P.W.1 in Chemmaputhur is well explained  and  the  same<br \/>\ncannot be doubted.\n<\/p>\n<p>                17.   P.W.1  &#8211;  maternal  grand-father  of  A.1  and father of<br \/>\ndeceased Raju is the key witness for the prosecution and in  his  evidence  he<br \/>\nhas  stated that A.2 &#8211; Muniasamy and deceased Accused Shanmugam had instigated<br \/>\nA.1 saying &#8221; uh$%it ,d;Dkh tpl;L itj;jpUf;fpwha; &gt;&#8221;.  On being instigated, A.1<br \/>\nstabbed Raju with M.O.3 &#8211; Knife on the chest and on the back.   Raju  died  on<br \/>\nthe spot.    Though  P.W.1 was aged about 90 years (SIC) at the time of giving<br \/>\nevidence in the Trial Court, he has clearly narrated the occurrence.\n<\/p>\n<p>                18.  P.W.2 (Madasami) &#8211; Maternal Uncle of  A.1  and  his  wife<br \/>\nMariammal  &#8211; P.W.3 and another relation Chinnasamy &#8211; P.W.4 are examined as eye<br \/>\nwitnesses.  P.Ws.2 to 4 have not  supported  the  prosecution  case  and  were<br \/>\ntreated hostile.    There  is nothing strange in the hostility of P.Ws.2 to 4.<br \/>\nTo save A.1 and A.2 from the  clutches  of  the  case,  they  would  not  have<br \/>\nsupported the  prosecution  version.  The prosecution version remains unshaken<br \/>\nby the hostility of P.Ws.2 to 4.   Likewise,  non-examination  of  independent<br \/>\nwitness also  cannot  be  urged.    P.Ws.1  to  4  and  deceased Raju, who are<br \/>\nresidents of Kadalaiyur temporarily came down to  Chemmaputhur  in  connection<br \/>\nwith their  business.   While doing their work, they stayed in Nadar Samuthaya<br \/>\nMandapam.  They were strangers to the place.  The inter  se  quarrel  may  not<br \/>\nhave attracted  the  residents  of Chemmaputhur.  Even if others have seen the<br \/>\noccurrence, they might not have been interested  to  come  forward  for  being<br \/>\nwitnesses.   It  would  be  unreasonable  to expect examination of independent<br \/>\nwitness.\n<\/p>\n<p>                19.  Reliability  of  P.W.1  &#8211;   single   witness.      Entire<br \/>\nprosecution case revolves around the solitary testimony of P.W.1.  Even if the<br \/>\nprosecution  case  against  the Accused revolves on the evidence of single eye<br \/>\nwitness, it may be  enough  to  sustain  the  conviction  if  the  witness  is<br \/>\ncompetent, honest  and  a  truthful  witness.  Prudence, however requires that<br \/>\nsome corroboration should be sought  for  in  cases  of  a  solitary  witness,<br \/>\nparticularly where such witness happens to be closely related to the deceased.<br \/>\nWhere  the evidence of the solitary eye witness inspires the confidence of the<br \/>\nCourt, the conviction can be based on the testimony of solitary witness.\n<\/p>\n<p>                20.  Evidence of P.W.1 is to be tested for its credibility and<br \/>\nreliability.   As  discussed  earlier,  though  P.W.1  is  the   resident   of<br \/>\nKadalaiyur,  he  came  down  to  Chemmaputhur along with his family members in<br \/>\nconnection with their business.  When his sons and other family  members  were<br \/>\nin  Chemmaputhur,  it  is  quite natural for P.W.1 to have accompanied them to<br \/>\nChemmaputhur.  His presence in Chemmaputhur is natural and satisfactory.\n<\/p>\n<p>                21.   Relationship  of  the  witness  is  not  a  ground   for<br \/>\ndiscarding  the  testimony nor can it be said that the solitary testimony of a<br \/>\nrelated witness cannot form the basis of conviction.  All that is necessary is<br \/>\nthat his evidence to be  scrutinised  carefully  &#8211;  whether  his  evidence  is<br \/>\nintrinsically reliable.\n<\/p>\n<p>                22.  Let  us now consider the evidence of P.W.1.  It is not as<br \/>\nif the evidence of P.W.1 stands in isolation.  He is the Complainant, who  set<br \/>\nthe criminal  law  in motion in Ex.P.1.  His statement was recorded by P.W.5 &#8211;<br \/>\nV.A.O.  immediately after the occurrence at 11.30 a.m.  Evidence of  P.W.1  is<br \/>\nsubstantially strengthened by his earlier version in Ex.P.1 &#8211; Statement.\n<\/p>\n<p>                23.   Evidence of P.W.1 is assailed on the ground of variation<br \/>\nin the time of occurrence stated by him in his evidence.  The  occurrence  was<br \/>\nat 11.00  a.m.    In  Ex.P.1  &#8211;  Statement  also  P.W.1 has stated the time of<br \/>\noccurrence as 11.00 a.m.  But, while deposing in the Court, P.W.1  has  stated<br \/>\nthe time  of  occurrence as 9.00 a.m.  His statement on time cannot be said to<br \/>\nbe a material variation.  The Villagers \/ Rustic persons cannot be expected to<br \/>\ngive time with precession.  That apart, P.W.1 is an aged person.  His  age  is<br \/>\nsaid  to  be  more  than 70 years at the time of recording Ex.P.1 &#8211; Statement.<br \/>\nWhile he deposed in the Court, his age is stated as 90  years  (SIC).    P.W.1<br \/>\nbeing  aged  and infirm, his statement regarding the time of occurrence cannot<br \/>\naffect his credibility, nor does it suggest that Ex.P.1 is brought  out  after<br \/>\ndue deliberation.\n<\/p>\n<p>                24.  The contention urged by the Accused assailing the version<br \/>\nof P.W.1  lacks  in force.  As stated earlier, while P.W.1 was deposing in the<br \/>\nCourt, he was aged and infirm.  The learned Sessions Judge had the opportunity<br \/>\nof seeing and observing the demeanor of P.W.1.  P.W.1 being the maternal grand<br \/>\nfather of A.1, has no ill will against his own grand son.  It was suggested to<br \/>\nP.W.1 that he is inimical towards his issues through first wife and he is more<br \/>\naffectionate towards his second wife.  This suggestion has no basis.  P.W.1  &#8211;<br \/>\nan  aged having lost his son, it is quite natural for him to come forward with<br \/>\nthe truth.  Considering these factors, the learned Sessions Judge found  P.W.1<br \/>\nas  reliable  and  natural  witness  and  that his evidence is of spontaneity.<br \/>\nAbsolutely there is no reason to differ from the same.\n<\/p>\n<p>                25.   Evidence  of  P.W.1  and  the   prosecution   case   are<br \/>\ncorroborated by  the  medical evidence.  During Autopsy, P.W.10 &#8211; Dr.Chellappa<br \/>\nReddiar noted the following injuries on the body of deceased Raju:-\n<\/p>\n<p>(i)     An oblique incised wound just below the left collar     bone, anterior<br \/>\naspect of the Chest and it penetrates   the parietal and visceral  pleura  and<br \/>\ncaused a vent in        the lower lobe of the left lung.  There is diffuse<br \/>\nhaematoma on the anterior aspect of upper half of left  chest below the skin.\n<\/p>\n<p>(ii) A transverse incised wound on the left supra-scapular      region  and it<br \/>\ncommunicates through the 2nd left       intercostal     space     posteriorily<br \/>\nsevering the descending Aorta.\n<\/p>\n<p>Oblique  incised  wound  on  the  left collar bone penetrated the parietal and<br \/>\nvisceral pleura, correspondents with A.1&#8217;s overt act of stabbing on the chest;<br \/>\nthe second injury on the left scapular region correspondents to the overt  act<br \/>\nof A.1 on the back as spoken by P.W.1.  Thus, the medical evidence corresponds<br \/>\nto  the overt act of the Accused &#8211; stabbing on the chest and the left scapula.<br \/>\nOral evidence of P.W.1 is consistent with the medical evidence.\n<\/p>\n<p>                26.  The objective findings  during  investigation  also  lend<br \/>\nassurance to the prosecution case.  Scene of occurrence was near the Panchayat<br \/>\nBoard Office,  Chemmaputhur.    The body of deceased Raju was found with blood<br \/>\nstained clothes.  Injuries on the chest and left scapula  were  visibly  seen.<br \/>\nBlood stains  were  noted  on the Vegetable Matter and mud &#8211; M.O.1.  &#8216;A&#8217; Group<br \/>\nblood was detected in the blood stained clothes of the deceased.  In  M.O.1  &#8211;<br \/>\nVegetable Matter  also,  the  same blood Group &#8211; &#8216;A&#8217; Group was detected.  This<br \/>\nformidable scientific  evidence  strengthens  the  prosecution  case  and  the<br \/>\nevidence of P.W.1.\n<\/p>\n<p>                27.   A.2  and  deceased  Accused  Shanmugam  were arrested on<br \/>\n12.05.1991 &#8211; 5.00 p.m.  near Keezha Eeral.  On  being  interrogated,  deceased<br \/>\nAccused Shanmugam  had  voluntarily confessed to his guilt.  M.O.3 &#8211; Knife was<br \/>\nseized near Kanmaikarai, Arunachalapuram Road.  &#8216;A&#8217; Group blood  was  detected<br \/>\nin M.O.3  &#8211; Knife also.  Though Accused Shanmugam is dead, arrest of Shanmugam<br \/>\nalong with A.2 and recovery  of  M.O.3  &#8211;  Knife  is  a  strong  incriminating<br \/>\ncircumstance against  Accused  1  and 2.  Prosecution has well proved that A.1<br \/>\nhas caused vital bodily injuries to the deceased Raju.\n<\/p>\n<p>                                                                28.   We   are<br \/>\nleft with the question whether uttering of the words &#8220;uh$%it ,d;Dkh tpl;L itj;<br \/>\njpUf;fpwha;&gt;&#8221;  by  A.2  would  amount  to instigation to commit murder falling<br \/>\nwithin the meaning abetment under Sec.109 I.P.C.   A.2  and  deceased  Accused<br \/>\nShanmugam married the girls, (who are younger sisters to deceased Raju) within<br \/>\nthe prohibited  relationship.    In  connection with the same, Raju is said to<br \/>\nhave been frequently picking up quarrel and also teasing  A.2  and  Shanmugam.<br \/>\nBy  the  conduct  of Raju, naturally, A.2 and Shanmugam must have had ill will<br \/>\ntowards Raju.  At the  time  of  occurrence,  A.1  is  alleged  to  have  been<br \/>\ninstigated by A.2 staying &#8221; uh$%it ,d;Dkh tpl;L itj;jpUf;fpwha; &gt; &#8220;.  This has<br \/>\nprovoked A.1 to immediately act and inflict the fatal injuries.\n<\/p>\n<p>                29.   Law  does  not  require  that instigation should be in a<br \/>\nparticular form or that it should only in words and may  not  be  by  conduct.<br \/>\nWhether  there was instigation or not is a question to be decided on the facts<br \/>\nof each case.  Pursuant to the instigation,  the  act  abeted  was  committed.<br \/>\nThus  the act of A.2 clearly amounts to abetment within the meaning of Sec.109<br \/>\nI.P.C.\n<\/p>\n<p>                30.  A.2 was arrested along with deceased  Accused  Shanmugam;<br \/>\nno  recovery  was  made  at his instance; recovery of M.O.3 &#8211; Knife was at the<br \/>\ninstance of Shanmugam.  Though recovery of M.O.3 &#8211; Knife by itself  is  not  a<br \/>\nincriminating  circumstance  against  A.2,  it  is  a strong piece of evidence<br \/>\nagainst him to be reckoned with.  Of course, P.W.5  &#8211;  V.A.O.    and  P.W.6  &#8211;<br \/>\nVillage  Assistant  have  turned hostile on the arrest of A.2, perhaps to save<br \/>\nA.2 from the clutches of conviction.  The hostility of P.Ws.5  and  6  on  the<br \/>\naspect of arrest hardly affects the prosecution case against A.2.  The learned<br \/>\nSessions  Judge  has carefully analysed the entire evidence and the reasonings<br \/>\nand findings warrant no interference.\n<\/p>\n<p>                31.  Lastly, we are to consider only the question of sentence.<br \/>\nThe occurrence was in a sudden altercation.  Instigated by  A.2  and  deceased<br \/>\nAccused  Shanmugam, A.1 got enraged and struck the blows on the chest and back<br \/>\nof Raju, causing injuries to the  vital  internal  organs.    From  Ex.P.15  &#8211;<br \/>\nPost-mortem  Certificate,  it  is seen that the two stab blows have caused the<br \/>\nfollowing internal injuries:-\n<\/p>\n<p>(i) it penetrates the parietal and visceral pleura and  caused a vent  in  the<br \/>\nlower lobe of the left lung.    There  is  diffuse  haematoma  on the anterior<br \/>\naspect of       upper half of left chest below the skin.\n<\/p>\n<p>(ii) exploration of the incised wound on the left supra-        scapular<br \/>\nregion, communicates through the 2nd left       intercostal space posteriorily<br \/>\nsevering the descending Aorta.\n<\/p>\n<p>                32.  The quarrel being un-premeditated.  The blow having  been<br \/>\ninflicted in a heat of passion.  Accused are unrefined persons, who move about<br \/>\nVillages in  connection  with their business.  Considering the circumstance of<br \/>\nthe occurrence and  background  of  the  Accused,  reduction  of  sentence  of<br \/>\nimprisonment from eight years to six years would meet the ends of justice.\n<\/p>\n<p>                33.   Therefore,  the  judgment of the learned Sessions Judge,<br \/>\nTuticorin in S.C.No.98 of 1993 (dated:  02.04.1997) convicting A.1 under Sec.3<br \/>\n04 (II)I.P.C.; A.2 under Sec.304 (II) I.P.C.  r\/w 109 I.P.C.    is  confirmed.<br \/>\nSentence  of Rigorous Imprisonment of eight years each is reduced to six years<br \/>\nof Rigorous Imprisonment each and this appeal is partly allowed.\n<\/p>\n<p>Index:Yes<br \/>\nInternet:  Yes<\/p>\n<p>sbi<\/p>\n<p>To<\/p>\n<p>1.The Principal Sessions Judge,<br \/>\nTuticorin.\n<\/p>\n<p>2.The Superintendent, Central Prison,<br \/>\nPalayamkottai.\n<\/p>\n<p>3.The Inspector of Police,<br \/>\nEttayapuram Police Station,<br \/>\nTuticorin District.\n<\/p>\n<p>4.The Public Prosecutor,<br \/>\nHigh Court, Madras.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Karuppasami vs State By: on 24 February, 2004 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24\/02\/2004 CORAM THE HONOURABLE MRS. JUSTICE R.BANUMATHI CRL.APPEAL No.283 of 1997 1. Karuppasami &#8230; Appellants \/ 2. Muniasami Accused 1 and 2 -Vs- State by: Inspector of Police, Ettayapuram Police Station. &#8230; Respondent. Criminal Appeal [&hellip;]<\/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-43343","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Karuppasami vs State By: on 24 February, 2004 - Free Judgements of Supreme Court &amp; 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\/karuppasami-vs-state-by-on-24-february-2004\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Karuppasami vs State By: on 24 February, 2004 - Free Judgements of Supreme Court &amp; 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