Madras High Court
Veeramuthu vs State By The Inspector Of Police on 22 June, 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.06.2016 CORAM:THE HON 'BLE MR.JUSTICE S.NAGAMUTHU AND THE HON 'BLE MR.JUSTICE V.BHARATHIDASAN Criminal Appeal No.287 of 2015 Veeramuthu .. Appellant / Sole Accused Vs State by the Inspector of Police, Valasaravakkam Police Station, Chennai (Crime No.83 of 2013) .. Respondent / complainant Prayer:- Criminal Appeal filed under Section 374 of the Criminal Procedure Code, praying to set-aside the conviction and sentence imposed in the judgment, dated 19.03.2015, made in S.C.No.10 of 2014 on the file of the III Additional District and Sessions Court, Tiruvallur, by allowing this Criminal Appeal. For Appellant : Mr. S.R.Rajesh, for, Mr. R.Kishore Kumar For Respondent : Mr. M.Maharaja, Additional Public Prosecutor - - - J U D G E M E N T
(Judgment of the Court was delivered by S.Nagamuthu. J.,) The appellant is the sole accused in S.C.No.10 of 2014 on the file of the learned III Additional District and Sessions Judge, Thiruvallur, at Poonamallee. He was charged for the offence under Sections 294 (b), 353 and 302 IPC. By judgment, dated 19.03.2015, the trial court convicted him under all the charges and sentenced to undergo simple imprisonment for three months for the offence under Section 294 (b) IPC and to undergo simple imprisonment for two years for the offence under Section 353 IPC and to undergo imprisonment for life (No fine was imposed) for the offence under Section 302 IPC. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.
4.The case of the prosecution, in brief, is as follows:-
The deceased, in this case, Mr. Kathiresan, was a Sub-Inspector of Police. On 17.01.2013 around 10.30 am, he was on duty near the traffic signal, on Arcot Road, Valasaravakkam, Chennai. On the said day, near a tea stall, owned by one Murugan, the accused quarreled with P.W.2, who was standing near the tea stall. This developed into exchange of blows between them. At that time, the deceased, who was in the signal, was informed about the said occurrence. As a dutiful officer, the deceased rushed to the place of occurrence and prevented any further clash between them. He shouted at both the accused and P.W.2 and separated them. The accused went away from the said place. Then the victim went to the signal and he was fully involved in duty.
5. Around 02.00 pm, on the same day, the accused came near the signal. The victim was standing in front of a mobile shop, known as 'Fast Track Mobile Shop'. The accused was holding a wooden log. He shouted at the victim, scolded him in obscene language and attacked him with the wooden log on his head. The victim sustained injury on his head and there was profuse bleeding. The victim fell down. The accused ran away from the scene of occurrence, leaving the wooden log at the place of occurrence. The occurrence was witnessed by many people, who were in the Bazaar, including P.Ws.1 to 7.
6. P.Ws.1 to 7 have got either shops or place of work near the said place of occurrence. Immediately, P.W.1 and others took the deceased in an ambulance to Rakshitha Hospital. Dr.Usha, the Doctor on duty, at Rakshitha Hospital, examined him at 02.30 pm (Dr.Usha could not be examined as a witness during trial, as she had gone abroad). Dr. Usha found deep lacerated wound on the middle head of the victim. The skull was exposed. Ex.P-21 is the Accident Register. At that time, the victim was unconscious. On seeing that his condition was critical, she advised him to be taken to a higher medical center. P.W.12 was the Sub-Inspector of Police, K.K.Nagar Police Station, where the victim was also working. He had information about the occurrence. He went to Rakshitha Hospital from where he took the deceased to MIOT Hospital, which is a private hospital at Porur, Chennai. P.W.13, Dr.Muthulakshmi, examined him at 04.30 pm on 17.01.2013. At that time, the victim was unconscious. She admitted him as an inpatient. MRI Scan taken revealed that there was bleeding in the brain and there was also fracture of the skull. Around 02.30 pm, on 18.01.2013, a Neuro Surgeon conducted emergency surgery on the head of the deceased. The deceased was struggling even to breath. Therefore, oxygen was given through tracheostomy. The victim did not regain consciousness at all. At last, he succumbed to the injuries at 04.50 am on 28.01.2013.
7. When the victim was in the hospital, P.W.1 went to Valasaravakkam Police Station and made a complaint at 04.00 pm on 17.01.2013. P.W.17, the then Inspector of Police, on receipt of the said complaint, registered a case in Crime No.83 of 2013 under Sections 341, 294 (b), 332 and 307 IPC against the accused. He forwarded the said documents to the Court, which were received by the learned Magistrate at 11.00 pm on 17.01.2013. Taking up the case for investigation, he proceeded to the place of occurrence, prepared an Observation Mahazar and a Rough Sketch in the presence of witnesses and he recovered blood stained earth, sample earth from the place of occurrence and also the wooden log, left behind by the accused. Then he examined P.Ws.1 to 7 and recorded their statements. In the presence of P.W.8, he recovered blood stained cloth from the body of the deceased. He could not examine the deceased, because he was unconscious all through. The accused, who fled away from the scene of occurrence, was given a chase by the general public. They caught in hold and produced him before the Police, on 17.01.2013 at 04.00 pm. He was forwarded to the hospital for treatment, since he had sustained injuries at the hands of the general public. The accused was undergoing treatment in the General Hospital, Chennai. P.W.17 arrested him on 18.01.2013 at 10.00 am. On such arrest, he gave a voluntary confession statement. But no discovery of any fact was made out of the same.
8. On 28.01.2013, on getting intimation from the hospital that the deceased was no more, P.W.17 altered the case into one under Section 302 IPC and submitted a report under Ex.P-18. On the same day, at 08.00 pm, he conducted inquest on the body of the deceased and forwarded the same for post-mortem. P.W.14, Dr.Janaki, conducted autopsy on the body of the deceased on 28.01.2013 at 01.00 pm. She found the following injuries:-
Injuries: Abrasion Dark Black scalp seen over right parietal occipital Region. Sustained wound: 'C' shaped 29 cm long seen in upper part of left side of Head involving left frontal parietal and temporal Region. Skin edges clean cut and contused underlying scalp also contused evidence of four Bnrr hole of 1.5 cm diameter each seen in the frontal. Parietal and temporal Bone on the left side of the skull. A 13.5x8 cm size Bone flap was found removed and replaced. Underlying dura was found reflected. Gel foam was seen. 22 x 16 x 0.3 cm layer of Dark Reddish Soft Clotted Blood seen over the left Hemisphere of the Brain (Hematoma) diffuse sub dual hge and sub arachnoid Hge seen all over the Brain Surface. Brain Matter was edemator and soft C/s was pale 2 cm long skin deep sutured wound with one suture seen in the base of front of neck. O/D skin edges clean cut partly healed resolving contusion in subcutaneous tissue communication into the Treachen. 1.5 cm below the lower end of Larynx (Tracheotomy wound).
Bed Sores: 13x3 cm Right gluten Region Skin edges pale yellowish in colour with loss of subcutaneous tissue and fat. A layer of greenish yellow was seen over the gluten muscle. 5 x 4 cm. Skin deep bed sore in the layer of foul smelling slough seen over the back of left side Hip.
The Head : All injuries as mentioned above.
The neck : Evidence of Tracheotomy wound as mentioned above Hyoid Bone and other structure intact.
The Thorax : Well formed Rib cage, pericardium and plema Intact.
Lungs : Well expanded lower lobes dark and heavy C/s congested with Oozing of Dark Reddish. Frothy Blood Stained fluid from the lower lobes.
Heart : Ventricle appeared dilated chambers contained dark fluid Blood. Root of aorta contained few atheromatom plague.
The abdomen Stomach : Contained 50 ml of Bile stained fluid. C/s mucosa appeared normal.
Liver / Spleen / Kidneys : Intact C/s congested.
Bladder : Empty Intestine distended with gases.
The pelvis and spinal column Intact.
9. Ex.P-8 is the Post-mortem certificate and Ex.P-9 is the final opinion of P.W.14. According to her, the death of the deceased was due to head injuries sustained by him. P.W.17 made a request to forward the material objects for chemical examination. The report revealed that there were blood stains on all the material objects, including the wooden log recovered from the place of occurrence. Then, on completing the investigation, he laid the charge sheet against the accused.
10. Based on the above materials, the trial Court framed charges as detailed in the first paragraph of this judgment. The accused denied the same as false. In order to prove the case of the prosecution, on the side of the prosecution, as many as 19 witnesses were examined and 24 documents were exhibited, besides 5 material objects.
11. Out of the said witnesses, P.Ws.1 to 7 are the eye-witnesses to the occurrence. They have vividly spoken about the entire occurrence. P.W.1 has further spoken about the complaint made by him to the Police and he has further stated that the deceased was taken to Rakshitha Hospital. P.W.8 has stated that when he had gone to the hospital to see the deceased, the Inspector of Police recovered blood stained cloth from the body of the deceased. P.W.9 has spoken about the occurrence, on a hearsay information. P.W.10 has stated that the accused was produced before him at 04.00 pm on 17.01.2013 and since at the hands of the general public, the accused had sustained injuries, he sent the accused for taking treatment in the hospital and he has also spoken about the registration of the First Information Report. P.W.11, the brother of the deceased, has not stated anything incriminating against the accused. P.W.12 has stated that he took the deceased to Rakshitha Hospital, from where to MIOT Hospital, on 17.01.2013. P.W.13 has spoken about the treatment given to the deceased at MIOT Hospital. P.W.14 has spoken about the post-mortem conducted and her final opinion regarding the cause of death of the deceased. P.Ws.15 and 16 are the Scientific Analysts, who have spoken about the chemical analysis conducted. According to them, there were human blood stains on all the material objects, including the wooden log. P.W.17 has spoken about the investigation done and the final report laid. P.W.18 has spoken about the treatment given at Rakshitha Hospital for the deceased. P.W.19 has stated that she examined the internal organs of the deceased and found that there was no alcohol or poison.
12. When the above incriminating materials were put to the accused under Section 313 Cr.P.C., he denied the same as false. However, he did not choose to examine any witness nor mark any document on his side. Having considered all the above, the trial Court found the accused guilty under the said charges and accordingly, sentenced him as detailed in the first paragraph of this judgment. Aggrieved over the same, the accused / appellant is before this Court with this Criminal Appeal.
13. We have heard the learned counsel for the appellant and the learned Additional Public Prosecutor appearing for the State and also perused the records carefully.
14. This is a case based on eye-witness account. There is no denial of the fact that the deceased was on duty near the signal at Valasaravakkam, around 10.30 am on 17.01.2013. P.Ws.1 to 7 have spoken about the fact that the accused had developed quarrel with P.W.2 and on information, the deceased rushed to the said place as a dutiful officer and shouted at both the accused and P.W.2 and warned them not to fight in public. This is stated to be the motive for the occurrence. We do not find any reason to reject the evidence of these independent eye-witnesses, in this regard.
15. Again at 02.00 pm, on 17.01.2013, the victim was on duty near the signal and at that time, the accused had gone there with a wooden log, shouted at him in obscene language and attacked him with the wooden log on his head. This is clear from the evidence of P.Ws.1 to 7, who are all independent witnesses. There is no reason to reject these evidences. Though they have been cross-examined at length, nothing has been elicited to doubt their credibility. Further, there was no motive for anyone to falsely depose against the accused. For these reasons, we are prepared to act upon the evidences of P.Ws.1 to 7. Their evidences are duly corroborated by the medical evidence also.
16. At the time, when the victim was taken to Rakshitha Hospital, he was unconscious. In MIOT Hospital, MRI scan was taken on the deceased, which revealed that he had suffered fracture in his skull and there was also profuse bleeding in the brain. The Neuro Surgeon conducted emergency surgery. The efforts of the Doctors proved futile. At last, he succumbed to the injuries. Thus, the prosecution has proved that it was the accused, who caused the death of the deceased.
17. The intention of the accused is clear from the words uttered by him and the motive. It appears that the accused is a local rowdy. He has uttered obscene words when he attacked the deceased. Aggrieved over the fact that, in public, the deceased had shouted at him and enraged over the same, with a clear intention to kill the deceased, the accused had come to the scene of occurrence with the wooden log and caused the death of the deceased. Thus, the act of the accused would squarely fall within the first limb of Section 300 IPC and thus he is liable to be punished for the offence under Section 302 IPC, for having caused the death of the deceased. Similarly, the charges under Section 294 (b) IPC and 323 IPC have also been proved.
18. Now turning to the quantum of punishment, the trial court has imposed only a minimum punishment, which does not warrant any interference. Thus, we do not find any merit at all in this appeal.
19. Before parting with this appeal, we wish to make the following observations:-
(i) In this case, the Government has not awarded any compensation to the dependants of the victim, under the 'Victim Compensation Scheme', as envisaged under Section 357-A of the Code of Criminal Procedure. But, unfortunately, in this case, the trial court had not made any recommendation for payment of compensation to the dependants of the deceased. The deceased was hardly aged 47 years at the time of his death and he had left behind the family, whom he was taking care of.
(ii) Having regard to the pitiable condition of the family on account of the sudden demise of the deceased while he was discharging his duty, we are of the view that the dependants of the deceased should be adequately compensated as per the Victim Compensation Scheme under Section 357-A of the Code of Criminal Procedure. But, at this length of time, we do not want to make any recommendation for compensation as it may cause future delay which would defeat the very purpose of the compensation. Therefore, we direct the Director General of Police, Government of Tamil Nadu, to pay Rs.3,00,000/- (Rupees three lakhs only) as compensation to the dependants of the deceased from out of the Victim Compensation Fund created, as per the Tamil Nadu Victim Compensation Scheme, under Section 357-A of the Code of Criminal Procedure within a period of six months from today.
20. In the result, this Criminal Appeal is dismissed. The conviction and sentence imposed on the accused / appellant are hereby confirmed.
(S.N.J.,) (V.B.D.J.,)
22.06.2016
Index : Yes / No
Web : Yes / No
srk
To
1. III Additional District and Sessions Court, Tiruvallur
2. The Public Prosecutor, High Court, Madras.
3. The Director General of Police,
Government of Tamil Nadu,
Greater Chennai.
S.NAGAMUTHU, J.,
and
V.BHARATHIDASAN, J.,
srk
Crl.A.No.287 of 2015
22.06.2016