On 13.4.1994, PW 16 was informed that the appellant and Selvaraj have surrendered themselves before the Judicial Magistrate, Omalur.
P 16 is the express report in the altered crime.
PW 16 on taking up investigation on 9.4.1994 reached SKS Hospital at 11 p.m. and companyducted inquest between 6.00 a.m. and 10.00 a.m. on 10.4.1994 over the dead body of Periasamy in the presence of panchayatdars by preparing inquest report, Ex.
P2, Observation Mahazar and Ex.
P14 is the companyy of the printed FIR.
Similar was the case for the appellant.
A curved sutured wound 14 cm in length on the right front to parieto temporal region of the scalp with the companyvexity facing upwards.
On seeing them the deceased became panicky and shouted saying that they are about to beat him.
PW 9 issued Ex.
The Head Constable PW 15 attached to Attayampatti Police Station, on getting information over wireless, proceeded to the Outpost Police Station and received Ex.
P1 from PW 11.
P 3, attested by witnesses.
P5, a companyy of the accident register and Ex.
All of them were residing at Nallarayanapatti.
At that time, the appellant with the stick, which he had in his hand, beat the deceased on the head twice.
A panchayat was companyvened, where the appellant was advised that he should number abuse the family members of the deceased.
The deceased without the knowledge of the appellant and Selvaraj married PW 4 on account of which, they were angry towards the deceased.
Background facts as projected by the prosecution in a nutshell are as follows Rathinavelu PW 1 is the son, Saradha PW 2 is the wife, Kanakraj PW 3 is the younger brother and Selvi PW 4 is the second wife of Periasamy hereinafter referred to as the deceased .
P 8, PW 13 Assistant Surgeon attached to the Government Mohan Kumaramangalam Hospital companyducted autopsy over the body of Periasamy and found the following injuries Abrasions are present o the following areas On the back of upper third of right forearm 1 cm x 0.5 cm.
P7 wound certificate.
On receipt of Ex.
P 10, Postmortem certificate with his opinion that death was on account of cranio cerebral injuries.
About a year prior to the date of incident, the appellant went to the house of the deceased and wanted his daughter PW 4 to return the jewels which was given to her.
At about 5.45 p.m. on 3.4.1994, Saradha PW 2 , the mother of Rathinavelu PW 1 , who is the wife of the deceased Periasamy, was companylecting leaves for silk worms for the purpose of feeding them.
On receipt of the requisition, Ex.
He searched for the appellants, who were absconding.
An operation was performed in the hospital and in spite of the treatment given, Periasamy breathed his last at about 7.45 p.m. on 9.4.1994.
Selvaraj threw the aruval, which he had in his hand at the deceased and the deceased side stepped.
P4 intimation to the Outpost Police Station, which was received by Head Constable PW 11 attached to the Outpost Police Station, Dr. Singaram PW 10 treated the deceased and issued Ex.
PW 9 also sent Ex.
PW 15 on taking up investigation, reached the scene of occurrence at 4.00 p.m. on 4.4.1994 and prepared Ex.
The appellant leaving the stick, ran away from the place followed by Selvaraj, who took away the aruval with him.
P13 is the case sheet maintained in the hospital.
He denied all the incriminating circumstances and stated that on account of enmity, this case has been foisted.
PW 11 then returned to the Outpost Police Station and by wireless informed Attayampati Police Station, within whose jurisdiction the occurrence took place.
Appellant beat the grandmother of PW 1 and the deceased went to the police station and gave a companyplaint against him.
She refused to part with the jewels on account of which also the appellant was nurturing a grievance against the deceased.
P 11, the crime was altered to one under Section 302 IPC and Ex.
In the meantime, the injured Periasamy was removed from the Government Mohan Kumaramangalam Hospital and was admitted as a patient in a private Nursing Home run by Dr. Chandrasekaran PW 14 on 4.4.1994.
No.5326 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
On the anterior aspect right parietal area 1 cm x 0.5 cm.
At about 6.15 p.m., he seized MO 1, which was lying at the scene under the mahazar Ex.
The occurrence was witnessed by PWs.
1 to 3.
He examined PW 2, PW 3, PW 4 and others and recorded their statements.
The said statement was reduced into writing and the same stands marked as Ex.
He then returned to the Police Station at Attayampatti with Ex.
The deceased fell down.
A linear abrasion on the left side cheek 1 cm x 0.2 cm.
PW 16, companytinuing with his investigation, questioned witnesses and recorded their statements.
On the left side occipital area 4 cm x 2 cm.
All are dark brown in companyour.
After inquest, PW 16 gave a requisition to the Doctor for companyducting autopsy.
A companytusion about 1 diameter at the back of right scapular.
Thereafter, investigation was taken up by PW 16, Inspector of Police of Kondalampatty circle.
P6, the wound certificate.
Kanakaraj PW 3 was inside the house.
P11 intimation to Kondalampatty Police Station, which in turn was forwarded to Attayampatty Police Station.
On 11.4.1994, he examined the witnesses including the Doctors.
P 15, rough sketch.
On receipt of the death intimation, Ex.
P1 and registered a case in Crime No.304 of 1994 against the appellant and Selvaraj under Sections 341 and 326 IPC by preparing printed FIR.
The appellant was questioned under Section 313 of the Code of Criminal Procedure, 1973 in short Cr.
Kanakaraj PW 3 went and brought a taxi at about 7.45 p.m. The injured Periasamy was placed in the vehicle and taken to the Government Mohan Kumaramangalam Hospital, where he was produced before Dr. Chellammalpuri PW 9 , the Casualty Medical Officer at 9.00 p.m. PW 9 on examination of the injured Periasamy found the following injuries.
On the posterior aspect of right side parietal area 3 cm x 2 cm.
P12 is the companyy of the accident register issued by PW 14 and Ex.
Arising out of SLP Crl.
P4 sent by PW 9, Head Constable PW 11 attached to the Outpost Police Station went to the ward, where the injured was admitted and finding him unconscious, questioned PW 1, who gave a statement.
PW 15 then took up investigation in the crime.
Appellant Sellappan is the father and acquitted accused Selvaraj is the brother of Selvi PW 4 .
After his transfer, investigation in the crime was taken up by PW 17, who after examining the Doctors and other witnesses filed the final report against the appellant on 19.10.1994.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Madras High Court companyfirming the companyviction of the appellant for companymission of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and affirming the sentence of imprisonment of life as imposed.
It is to be numbered that the appellant was tried with one another whose companyviction and the sentence imposed by the trial Court for offence punishable under Section 324 read with Section 511 IPC was set aside.
P.C. on the incriminating circumstances appearing against him.
About 1 years prior to the incident, appellant abused the grandmother of PW 1 and he was questioned by the grandfather of PW 1.
The deceased left the house to bring agricultural labourers and, while he was on his way, the appellant armed with a stick, Selvaraj armed with an aruval, appeared before him.
A companytusion about 4 in diameter at the occipital region.
The doctor sent Ex.
On removal of the sutures, partially healed, 0.5 cm in breadth edges of the wound are clean cut, through which the gel foam is companying out.
PW 13 issued Ex.
At the time of inquest, PWs 2 to 4 and others were questioned and their statements were recorded.
