RAJA ALIAS APPASAMI Vs. STATE
LAWS(MAD)-2003-6-80
HIGH COURT OF MADRAS
Decided on June 19,2003

RAJA @ APPASAMI Appellant
VERSUS
STATE Respondents

JUDGEMENT

A.S.VENKATACHALAMOORTHY, J. - (1.)The appellants/accused were tried by the learned I Additional Sessions Judge, Tirunelveli in S.C.No.99 of 1998 with reference to the murder of one Krishnaswami on the night of 21.7.1997 and were found guilty under Section 302 read with 149 I.P.C. and other offences and were sentenced to undergo life imprisonment. Being aggrieved by the said Judgment, the above appeal has been filed.
(2.)The case of the prosecution can be set out as under:
(a) A-1 Raja @ Appasamy, A-2 Duraipandi and A-3 Thangadurai are brothers while A-4 Sakthi @ Sakthivel and A-5 Ganesan are their brothers-in-law.

(b) PW-1 Perumal and PW-13 Saravanan are the sons of the deceased Krishnaswami. PW-23 Muthulakshmi is the daughter of the deceased and wife of PW-22 Kathiresan.

(c) PW-1 Perumal and PW-2 Balakrishnan are residents of the village called Thiruvenkadam, while PW-13 Saravanan is a resident of Iyaneri village. Pws.22 and 23 also reside at Thirivankadam. The distance between Iyaneri and Thiruvengadam is just a couple of kilo meters.

(d) PW-1's brother Kaliraj and PW-13 are carrying on business in vending milk. The accused were also carrying on similar business. There has been business rivalry among these two groups. About two months prior to the occurrence, the brother of the accused was beaten by Kaliraj, who is none else than the brother of PW-1 and a complaint was lodged in that regard. In order to bring him out on bail, the deceased, Pws.1 to 3 went to Sankarankoil on 21.7.1997. But however, they could not succeed. Thereafter from Sankarankoil, they proceeded to Thiruvenkadam. Asking Pws.2 and 3 to have dinner in the hotel of PW-22 viz., son-in-law of the deceased, PW-1 and deceased went to the house of PW-23 viz., daughter of the deceased. Thereafter, at about 8.00 p.m. on that day, they proceeded to Kovilpatti and they boarded a bus belonging to the State Transport Corporation. While the deceased was sitting in a seat located three rows from the front entrance, PW-1 was sitting three seats further behind. So also the other two witnesses Pws.2 and 3. When the bus crossed the place called Nakkalamuthampatti and proceeded near Kovilpatti and when proceeding near Melapatti Dhanalakshmi theatre, at about 9.00 p.m. A-1 went near the driver and threatened him with aruval and further directed him to stop the bus. A-2 stabbed the deceased on the neck while A-3 on the face; A-1 on the head and A-4 and A-5 also stabbed on the head.
The occupants of the bus raised alarm and ran helter-skelter from the bus. Pws.1 to 3, who also got frightened, ran along with the other passengers. After a short while, PW-1 came back to the spot and finding that the bus was not there, proceeded to the Government Hiospital at Kovilpatti. On enquiry he was informed that the person who was attacked had died. PW-1 thereafter proceeded to see his brother PW-13. Thereafter, both of them went to the Iyaneri village. After informing the relatives and villagers, PW-1 went to the Thiruvenkadam police station at about 1.00 a.m. on 22.7.1997 and gave Ex.P-1 complaint.
(e) PW-19 Sub-Inspector of Police attached to Thiruvenkadam Police station, after receiving the complaint from PW-1, registered Crime No.158 of 1997 under Section 147, 148 and 302 I.P.C. and prepared express F.I.R. Ex.P-38. He then forwarded Ex.P-1 as well as Ex.P-38 to the Court of Judicial Magistrate and copies to his superiors. Thereafter, he informed the Inspector of Police by wireless.

(f) PW-20 Santhanam was the Inspector of Police, Thiruvenkadam police station at the relevant time. After receiving information from the Sub Inspector of Police by wireless, he proceeded to the police station at 3.30 a.m. and received copy of F.I.R. and proceeded to the scene of occurrence and reached there at about 6.00 a.m. Ex.P-5 observation mahazar and Ex.P-39 rough sketch were prepared by him in the presence of witnesses. Thereafter, Inspector seized the blood stained earth under mahazar Ex.P-6 mahazar. The Inspector of Police then proceeded to the Kovilpatti Government Hospital and conducted inquest over the body of the deceased between 7.30 a.m. and 10.00 a.m. and prepared Ex.P-40 Inquest report. During inquest he examined PW-1 Perumal, Balakrishnan, Karunanidhi and others and recorded their statements. Thereafter he sent a requisition Ex.P-27 to the Doctor to conduct post mortem on the body of the deceased. At about 10.30 a.m. he inspected the bus and prepared an observation mahazar Ex.P-31 and a sketch Ex.P-41 in the presence of witnesses. The blood stains found within the bus were seized under mahazar Ex.P-32 in the presence of witnesses. All the recovered material objects were sent to the Court with a requisition to send them for chemical analysis.

(g) PW-11 Dr.Velusamy was working at the relevant time at the Government Hospital, Kovilpatti. On receipt of requisition Ex.P-27 from the Inspector of Police, conducted autopsy over the body of the deceased and Ex.P-28 is the post mortem certificate. In the said certificate, the Doctor has made the following notings,

"Appearance found at the post mortem: Moderate nourished body, symmetrical, blood stained cloth, lies on back, black hair, skin & Irish. Injuries: 1. A large cut injury on the right side of neck, oblique 16 x 5 x 5 cm starting from posterior aspect of neck – 8 cm below & posterior to the ear right, extending downwards to the right side of chin cutting muscles of neck right internal carotid vessels. 2. A cut injury just below right ear upwards obliquely from the neck to right maxilla of right face cutting the right ear lobe & maxillae bone exposed 5 x 3 x 5 cm. This injury II joints with the injury No.1 in the posterior side of neck. 3) A cut injury on the right side of the skull – vertical 6 x 2 x 2 cm on right parietal bone – bone cut exposed. 4) An oblique cut injury 4 cm above the right ear with injury No.3. 5) A cut injury 4 cm above 16 right ear posteriorly oblique 4 x 3 x 2 cm. Cutting the skull injury merges with injury No.4 on the bottom. Eyelids closed. Tongue kept inside. Teeth complete 8/8 / 8/8. Internal Examination: Abdomen – Uniform Thorax – No fracture – ribs – Heart 350 gms. Empty – Lungs right 500, left 450 gms. Dry. Hyoid bone intact. Stomach – partially digested rice particles 400 ml present. Liver 1500 gm. Pale. Kidneys 150 gms each Pale. Intestine – Snmall & Large: Empty, pale. Bladder empty. Head – right parietal bone cut in No.1, corresponding to injury No.3,4,5 & on 4th injury duramatter exposed. right maxillary bone (face) cut. Membrane of brain intact. Brain 1200 gms pale."
In the post mortem certificate, the Doctor had opined that the deceased would appear to have died of shock and haemorrhage due to cut injuries and the death would have occurred about 12 to 18 hours prior to autopsy.
(h) The Investigating Officer thereafter proceeded further with the investigation and examined witnesses including the bus conductor, driver and the doctor, etc. All the accused surrendered before the Judicial Magistrate, No.II, Srivilliputhur. The Investigating Officer thereafter took steps to get the police custody of the accused and on 31.7.1997 the accused were given to police custody. When enquired on 1.8.1997 at about 7.00 a.m. in the presence of witnesses Kalaivanan and Ponraj, A-1 gave a voluntary confession statement and the admissible portion of the same has been marked as Ex.P-42. Similarly A-2 also gave a voluntary confession statement and Ex.P-43 is the admissible portion of the same. At about 9.00 a.m. A-3 was examined and he gave a voluntary confession statement and the admissible portion of the same is Ex.P-44. The admissible portion of the confession statement given by A-4 is Ex.P-45. At about 11.00 a.m. A-5 was enquired and he also gave a voluntary confession statement and the admissible portion of the same is Ex.P-46. All the accused then took the police party and witnesses and produced the weapons from the place where they had hidden them earlier and those material objects were recovered under mahazar in the presence of witnesses.

(i) On 5.8.1997, the Doctor, who conducted post mortem was examined. The other witnesses were also examined on the subsequent dates. The chemical analysis report is marked as Ex.P-54 and the serologist's report is Ex.P-55. According to the said report, there was no blood stains. The Inspector of Police after completing the investigation, filed his final report.

(3.)When questioned under Section 313 of Code of Criminal Procedure, all the accused denied having any complicity in the commission of the offence.


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