Kuruppusamy And Anr vs State Of Tamil Nadu

The incident took place on 5.7.1994 at about 6.00 p.m. The parties were members of a joint family. A partition took place as regards their residential house. P.W.l-Chinnasamy was given a share of the building on the southern side, whereas accused No.2, Appellant No.l herein, was allotted share on the northern side. Appellant No. 2 was allotted a portion on the eastern side of the house. Allegedly, the portion allotted to P.W.I was larger in area compared to the portion given to Appellants. Accused No. 1 was allotted another ancestral house and some lands towards his share. The house allotted to Accused No. 1 was also adjacent to the property allotted to P.W.I and Appellant herein. P.W.I is said to have given a sum of Rs.10,000/- to his father as the portion of the house allotted to him was larger in size.

An application was filed by P.W.I for measurement of his property, wherefor he also paid requisite fees. A Village Administrative Officer (P.W.9) and the Surveyor (P.W.10) were appointed for the said purpose. They came to measure the property. P.W.2 and Shanmugam were present. Upon measurement, they allegedly informed the parties that the portion allotted to P.W.I runs upto the middle portion of the house and advised them to erect a wall, whereupon, allegedly, it was stated by the accused that they would not permit P.W.I to do so. They were asked to see the Village Administrative Officer by P.Ws. 9 and 10. Accordingly, the parties went to the office of P.W.9 at 5 p.m. on 5.7.94. P.W. 1, P.W. 2 and Shanmugam were coming back from office of P.W.9. They came to the bus stop as the deceased and P.W.2 wanted to catch a bus for going to Velayuthampalayam. Accused allegedly came there variously armed. Appellant No.2, allegedly, asked the deceased as to why he had been giving trouble to them whereupon a quarrel ensued. Appellant No.2 is said to have assaulted the deceased on his head with a firewood log, whereas Appellant No.l is said to have assaulted him on his right cheek with a firewood log. P.W.I intervened. He was assaulted on his leg and on the back of his chest. Accused No,4 allegedly assaulted P.W.2 on her leg. She also fell down. Appellant No.l also, allegedly, assaulted his daughter with fists. Apart from the injured witnesses (P.Ws.l and 2 and P.W.3), an employee of a power loom factory belonging to the P.W.I, was also present there and witnessed the occurrence. The deceased was taken to the hospital by the P.Ws. 1 and 2. A complaint was made by P.W.I to the Head Constable of the police station, P.W.13, which was reduced to writing. Accused No.l, according to the prosecution witnesses, was also present in the police station. Shanmugam was referred to Coimbator Medical College, where he died at about 10.40 a.m. on 6.7.1994. In the meantime, the Inspector of Police, P.W.15 started investigation. He, apart from examining P.Ws. 1 and 2, also examined Shanmugam, the deceased. Accused Nos. 1, 2 and 3 were arrested on 8.7.1994. Accused No.3 surrendered before the Court on the same day.

The defence raised by Accused No. 4 was that as the deceased attempted to stab him with a pichuva knife, he picked up a stick, which was lying nearby and assaulted him. The deceased had, allegedly, boarded a bus and went to the police station where he was detained. Appellant No. 2 herein, admittedly, wrote a letter to the Superintendent of Police on 8.7.1994, a copy whereof was sent to the Inspector of the Police Station, P. W. 15. In his deposition, P. W. 15 admitted to have received the said letter.

P.W.3, who is stated to be an independent witness, in his cross-examination did not support the prosecution case. He stated :

We, therefore, are of the opinion that Appellants are guilty of commission of an offence under Section 304 Part II and not under Section 302 of the Indian Penal Code. The judgment of conviction is altered accordingly. They are sentenced to undergo 10 years Rigorous Imprisonment.

The appeal is allowed to the extent mentioned hereinabove.