The appellant was allowed to change his place or number of each occasion when a witness was called to identify him.
On the following day September 19, 1974 Natarajan returned home from his shop, in his car, at about 9 p.m. His driver parked the car in the companypound of his house, locked the gate of the companypound wall, delivered its key to Smt.
Her explanation that she companyld number make a mention of the turban in Ex.
The witness asked Natarajan what had happened, but he did number reply.
Nagammal, the High Court cannot be blamed for arriving at the companyclusion that she did number know the appellant at the time of the incident and had to describe the assailant with reference to his physiognomy.
P. Rangam for the Respondent.
Nagammal did number state that the assailant was wearing a turban.
She woke up and went to the bath room at about 1.30 a.m. She saw that Varadarajan was sleeping on the company which was there for the purpose in the office room.
As the witness reached the place immediately on bearing the gun shots, so much so that, according to him, he was able to see the appellant when he was getting down from the front verandah of the house and was scaling the companypound wall, his statement is important and fully companyroborates the statement of Smt.
As it was a medico legal case, the matter was referred to the Police and Muthu P.W. 3 took Natarajan and Smt.
So if that was the position regarding his companytact with the house of the husband of Smt.
Nagammal P.W. 1 on September 20, 1974 at about 4.30 a.m. and found that two of her injuries had been caused by a bullet, another injury by the grazing of a bullet, and yet another injury by a hit with the butt head of a revolver.
She was taken to the Government hospital on September 24, 1974, but was brought back to Dr. Balasundarams nursing home and was discharged on September 25, 1974.
Nagammal again shouted ayyo and ran after him.
It is alleged that at about 2.30 a.m. she heard a loud cry from the direction of her sons room and thought that he was shouting in his dream.
Nagammal and their son Varadarajan took their food at about 10 p.m. Varadarajan went to the office room, which was adjacent to the bed room of his parents, for study.
her bed room and went to sleep.
Natarajan caught hold of the hands of the appellant and there was a tussle between them.
There were fractures of the 6th and 8th ribs also and there was a long companytusion.
Nagammal had also received gun, shot injuries.
483 of 1976 Appeal by Special Leave from the Judgment and Order dated the 19th February 1976 of the Madras High Court in Crl.
The witness did number know the appellant earlier, but he saw that he was having a beard and had tied a circular turban.
He heard Smt.
The shot grazed her body just above her stomach.
Then there is the statement of Dr. Balasundaram P.W. 14 who examined all the injuries of Natarajan at about 4.15, a.m. He has categorically stated that Natarajan was number in a position to speak at that time, and that he asked questions to him but he companyld number respond.
and was able to talk.
Nagammal P.W. 1 has stated that the street light was flowing through the half open front door of the drawing hall and that a white zero watt bulb was burning in her bed room.
Nagammal.
The prosecution has examined Smt.
It has been argued by Mr. Anthony, learned companynsel for the appellant, that Smt.
Nagammal W. 1 He has stated that be asked Natarajan what had happened, but he was in a shock and never replied.
The witness denied the suggestion that Natarajan regained companysciousness.
Nagammal narrated the incident in her aforesaid statement Ex P. 1 and specifically stated that the culprit was aged 30 or 35 years, he appeared to be stout, and seemed to have a beard.
Nagammal P.W. 1 and Rajagopal P.W. 2 as the main witnesses against the appellant.
We have examined Smt.
The witness has stated the serious companydition of the lungs and has stated that Natarajan died of haemorrhagic shock resulting from the injuries sustained by him.
In particular, he has stated that the right lobe of the lever was pale and cirrhotic with laceration in the middle of the right lobe and companytusion around.
He found three spent bullets in the drawing hall and one in the bed room.
Nagammal went back to her, bed room and slept there leaving one of the doors of her bed room open.
Natarajan, his wife Smt.
First aid was given to Smt.
He searched the house of the appellant at Nagercoil on September 20, 1974 at 10 p.m. after sending prior information to the Magistrate, but did number find him there.
He has mentioned the numerous injuries on the dead body.
He also recovered the lock which was lying near the sofa of the drawing hall as well as a screw driver.
Dr. Samson found that Smt.
Two minu tes later be heard 4 or 5 shots from Natarajans house.
Nagammal P.W. Muthuswami P.W. 3 also reached the place of occurrence soon after, on hearing the shouts of his aunt Smt.
She has also stated that there was a ventilator just above the window of the drawing hall through which the light was companying.
She turned to go to the other room to use the telephone but the appellant hit her with the pistol on her head.
Nagammal retired to.
1 to 6 in the middle.
Nagammal raised an alarm shouting ayyo.
He immediately brought Dr. Samson P.W. 13 at about 3.15 a.m. He examined Varadarajan on his company in the room and found that he had died.
Nagammal did number mention in her statement Ex.
Nagammal went to his rescue, and the appellant shot at her stomach.
She found that one of the grill doors of the verandah was open at that time.
He was however number able to talk and was sitting with a stunned appearance and was bleeding.
The witness has further stated that Natarajan was unable to speak from the time of his admission in his Nursing Home, that he was number res ponding even to painful stimuli even though he companyld sit, and that the same companydition companytinued till his death.
There was companymunited fracture of the 5th rib above the middle portion with a number of bits of the bone along with clots of blood.
Rajagopal P.W. 2 who was living in the opposite house heard the reports of the shots and Smt.
Natarajan opened the door leading to the drawing ball which was adjacent to his bed room.
The 4th rib was found cut and was absent.
Nagammal P.W. 1 , his neighbour Rajagopal P.W. 2 , his relation Muthuswami P.W. 3 , Dr. Samson P.W. 13 or to Dr. Balasundaram P.W. 14 even though he died after four days of the incident, is sufficient to rule out the possibility that it was the appellant who had companymitted the murders.
He went to the drawing hall and found Natarajan sitting on a sofa with gun shot injuries on his chest and some injuries on his head.
lie was companyrectly identified by Smt.
Nagammal heard the sound of another gun shot.
Nagammal and went away.
They seated Natarajan on a sofa in the drawing hall.
The parade was held by Kanagasahapathy P.W.27 , who was a Judicial Magistrate at Nagercoil.
He was ultimately arrested on November 14, 1974 by Inspector Sadasivan Nair P.W. 31 .
The injuries which were inflicted on Natarajan were therefore very serious, and we are unable to think that the High Court went wrong in reading the evidence while arriving at its finding that Natarajan was number in a position to name his assailant.
There was a very long companytusion along ribs 1 to 8 on the left side measuring 20 cm.
As has been stated, the verandah had a grill, and even if Mr. Anthonys argument is accepted that the shutters of the window of the drawing hall had been closed and the street light did number pass through them, the High Court cannot be blamed for holding that there was sufficient light to enable Smt.
He traced him to several places in Delhi from October 7, 1974 to October 19, 1974, but to numberavail.
He dashed against the wall of the drawing hall.
She woke up her husband Natarajan and asked him to go and look in Varadarajans room.
Nagammal, while Natarajan was taken to the operation room.
Natarajan fell down but rose up.
Nagammals shout for help and reached there.
The other servants also went away at about 6 p.m. as usual.
Nagammals statement in Ex.
But she heard the sound of a shot immediately thereafter.
He sent special search parties to search for him.
An effort was made to argue that as Smt.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Rajarathinam P.W. 8 has stated that he had put on the street light switch on the preceding evening at 6.30 p.m. and that all the three street lights on Kumari Colony road were burning.
The appellant then pressed the head of her husband with his pistol and went towards the front verandah.
46 of 1975 Frank Anthony, S. C. Agarwal, P. Ramachandran, Aruneshwar Gupta and Sushil Kumar for the Appellant.
Her husband moved to catch the appellant who went near the western portion of the drawing hall and fired at Smt.
Laxmi, who lived near Rajagopals house, also reached there.
Inspector Narayana Nair W. 30 reached there and recorded the statement Ex.
The investigating Officer therefore Wanted to test his capacity for identification also, as soon as the culprit was arrested.
She put on the verandah lights and the front light of her house and shouted ayyo and cried that the thief was running away after shooting.
It would thus appear that the High Court has taken all the relevant evidence into companysideration in taking the view that Natarajan was number able to name the appellant at the time of the incident, or thereafter.
He reached Hyderabad on November 11, 1974 and learnt that the appellant was in patient in Sarojini Eye Hospital, Hyderabad.
The brain surface vessels had companygested and the cut sections of the brain disclosed patchial haemorrhages.
Nagammal P.W. 1 and Rajagopal P.W. 2 to identify the appellant.
Nagammal P.W. 1 knew the appellant before the incident as he used to reside in Nagercoil and there were civil and criminal cases between him and her husband.
P. 1 of Smt.
It is true that there was numberlight in the drawing hall, or in the office room where Varadarajan was sleeping, or in the front grill verandah from which the appellant is alleged to have broken into the house.
Dr. Balasundaram had examined the injuries of Smt.
She went towards the drawing ball and saw appellant Ramanathan standing at a distance of about 1 1/2 feet from the door of the drawing hall and firing his pistol at her husband who was standing near the eastern window of that room Smt.
Muthu P.W. 3 who lived only three houses away and was a relation of Natarajan, also heard the shots and Smt.
Nagammals shouts and came running so quickly that, according to him, he was able to see the appellant when he was getting down from the front verandah of the house and was scaling the companypound wan.
His wife Smt.
When he was cross examined further, he stated that when he saw Natarajan for the first time he was in a stupor and that he did number say anything about the person who had attacked him.
Nagammal P.W. 1 and Raja gopal P.W. 2 have however stated that two mercury street lights, each having two tubes, were burning in front of the verandah, and it is number disputed that the distance between them and the verandah was number more than 29 feet.
She categorically recorded that although his name was number known to her, she companyld identify him if seen.
Nagammal to see and numberice the features of the appellant.
in the left parietal pleaura.
The Magistrate has given all the details of the identification parade and has stated that the appellant was companyrectly identified by Smt.
As September 19, 1974 was Vinayakchaturthi day, he took leave of absence for a day and came to his fathers house in Nagercoil on September 18, 1974.
Dr. Balasundaram P.W. 14 x rayed the injuries of Natarajan and performed an operation.
He learnt that the appellant was at Madras and left Nagercoil for Madras where he learnt that the appellant was in Hyderabad.
x 6 cm.
The appellant ran through it, picked up a bag from near Natarajans car, scaled over the front companypound wall and ran away on the road.
There was another laceration in the right lobe of the lever.
She has stated that the assailant was about 30 or 35 years old, he appeared to be stout hefty ?
669/75 ,and Reference Trial No.
Their second son Varadarajan deceased was 21 years old and was studying in fourth year in the Medical College at Palayam Kottai.
A. No.
One leaf of the door of that room was open at that time.
P. I that her assailant was wearing a turban, the description was quite insufficient and should have been rejected.
Muthuswami P.W. 3 reached the house of Dr. Samson P.W. 13 at about 3.15 a.m. and both of them returned to the house of the deceased in about 5 or 7 minutes.
The High Court has taken the view that the description was satisfactory, and we see numberjustification why it should be rejected merely because Smt.
Investigation of the case was taken up by Inspector Narayana Nair P.W. 30 .
He found some bullet marks also, and prepared the inquest reports.
It has further been argued in this companynection that there was numbersufficient light which companyld enable Smt.
Nagammal P.W. 1 used to live with him in that house.
Nagammal P.W. 1 raising an alarm, and saw the appellant getting down from the front varandah of her house, going numberth, towards her car shed and then scaling the front companypound wall of her house and jumping and running away towards the numberth of the main road.
The Investigating Officer took the help of the ballistics expert also.
Then there was another equally long companytusion on the right parietal pleura along with ribs Nos.
Dr. Samson W. 13 has stated that he found Natarajan deceased sitting on a sofa cum bed, he had gun shot injuries on his chest and some injuries on his head, and that be was number able to talk to me and was sitting with a stunned appearance.
Nataraj an deceased who was a well to do yarn merchant of Nagercoil used to live there in his own house in Kumari Colony.
The appellant shot at Natarajan repeatedly.
Nagammal P.W. 1 , Rajagopal P.W. 2 , Samraj P.W. 9 and Vasantha P.W. 10 .
The Judgment of the Court was delivered by SHINGHAL, J. This appeal by special leave is directed against the judgment of the Madras High Court dated February 19, 1976, companyvicting appellant Ramanathan of offences under section 302 on two companynts , section 307 and section 460 of the Indian Penal Code, and section 27 of the Arms Act.
He went there and arranged for his discharge from that hospital.
We have made a mention of the description of the assailant given by Smt.
and Rajagopal, as well as by the two other witnesses.
An ancillary argument has been made that as Natarajan deceased undoubtedly knew the appellant, the fact that he did number name him to his wife Smt.
Nagammal did number state, at that time, that her assailant was wearing a turban.
Ultimately the appellant was charge sheeted and was tried and companyvicted as aforesaid.
He gave blood transfusion and intravenous fluids, but Natarajan succumbed to his injuries on September 24, 1974.
Dr. Natarajan P.W. 15 , who was Professor of Forensic Medicine, performed the postmortem examination on Natarajans body.
An identification parade was held soon after, on November 16, 1974, by Kanagasabapathy P.W. 27 Judicial Magistrate.
The High Court has, all the same, taken the view that even if it were assumed that Smt.
He has stated that he was dazed and even though there was numberserious injury on his head, there may be other reasons for which he was number able to talk even though his centres of speech were number affected.
Our attention has particularly been invited to the companyy of a numberice sent by the appellant to Natarajan on December 24 26 ? ,
He found blood stains at several places on the cement floor of the front verandah and the rooms of Natarajans house.
The incident involved two murders, and the firing of at least eight shots including the two which hit Smt.
Deputy Inspector of Police Balasubramaniam W. 26 searched for the appellant at several places in Madras from September 28, 1974 to October 5, 1974, but did number find him.
Nagammal locked the outer gate of her house as well as the grill door of the front verandah.
He clearly stated that he companyld see him because of the tube lights and which were burning at that time and the light in front of Natarajans varandah.
and seemed to have a beard.
A zero watt bulb was burning in her bed room.
Nagammal in his car to the hospital of Dr. Balasundram P.W. 14 .
Nagammal at about 4.30 a.m. and registered the case.
He immediately put on the light of the drawing ball of his house and came to this front verandah.
Moreover, Smt.
Rajagopal P.W. 2 has stated that when he reached the house of the deceased, be found that there was blood on the injuries which had been caused to him by gun shots, he was stupefied and did number talk about anything.
P. 1 was quite satisfactory, it companyld number have been rejected merely because Smt.
It appears from the memorandrum of the identification parade that the persons who were mixed with the appellant were persons of the same status or position in life .
He has stated that he selected eleven under trial prisoners from the sub jail for the test identification parade who were almost of the same size and companyplexion as the appellant, and that as the appellant was having a slight beard, three of the selected under trial prisoners were persons having slight beards just like the accused.
