Sellappan vs State Of Tamil Nadu

Background facts as projected by the prosecution in a nutshell are as follows:

On receipt of Ex.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. The said statement was reduced into writing and the same stands marked as Ex.P1. PW-11 then returned to the Outpost Police Station and by wireless informed Attayampati Police Station, within whose jurisdiction the occurrence took place.

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. He then returned to the Police Station at Attayampatti with 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. Ex.P14 is the copy of the printed FIR. PW-15 then took up investigation in the crime.

PW-15 on taking up investigation, reached the scene of occurrence at 4.00 p.m. on 4.4.1994 and prepared Ex.P2, Observation Mahazar and Ex.P-15, rough sketch. At about 6.15 p.m., he seized MO 1, which was lying at the scene under the mahazar Ex.P-3, attested by witnesses. He examined PW- 2, PW-3, PW-4 and others and recorded their statements.

PW-16 on taking up investigation on 9.4.1994 reached SKS Hospital at 11 p.m. and conducted 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.P-17. At the time of inquest, PWs 2 to 4 and others were questioned and their statements were recorded. After inquest, PW-16 gave a requisition to the Doctor for conducting autopsy.

A curved sutured wound 14 cm in length on the right front to parieto temporal region of the scalp with the convexity facing upwards. The front end of the wound begins 2 cms above the inner end of the right eyebrow. 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 coming out."

PW-16, continuing with his investigation, questioned witnesses and recorded their statements. He searched for the appellants, who were absconding. On 11.4.1994, he examined the witnesses including the Doctors. On 13.4.1994, PW-16 was informed that the appellant and Selvaraj have surrendered themselves before the Judicial Magistrate, Omalur. 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.

The trial Court found the two accused persons before it guilty. However, in appeal Selvaraj was acquitted, but as noted above, appellant's appeal was dismissed.

PW-1, the son, PW-2, the wife and PW-3, the younger brother of the deceased were examined to establish that the appellant inflicted the fatal injuries. It is the evidence of the witnesses that on account of the deceased marrying PW-4, who is the daughter of the appellant, as second wife, the appellant, the father and Selvaraj, the brother of PW-4 were not happy with the deceased and about 18 months prior to the date of incident, the appellant quarreled with the grand parents of PW-1 and during the quarrel, beat the grandmother of PW-1, for which a complaint was given at Police Station. The evidence further show that a panchayat was convened and the appellant was advised not to abuse the family members of the deceased, but the appellant did not heed to the advice. The evidence further shows that some time prior to the date of incident, the appellant wanted PW-4, her daughter to return the jewels, which he gave previously and when she refused, a quarrel ensured and, therefore, the appellant was nurturing a grievance against the deceased and his family members. The witnesses have further deposed that on the date of the incident when the deceased was on his way to engage agricultural labourers, the appellant armed with a stick, MO1 appeared before the deceased and that the appellant beat the deceased on the head two or three times and that on account of the said injuries inflicted by the appellant, the deceased fell down and later on he was removed to the hospital and treated by various doctors and ultimately in spite of the treatment, he died on 9.4.1994.

First, it must establish, quite objectively, that a bodily injury is present.

Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender."

The above are only broad guidelines and not cast iron imperatives. In most cases, their observance will facilitate the task of the Court. But sometimes the facts are so intertwined and the second and the third stages so telescoped into each other that it may not be convenient to give a separate treatment to the matters involved in the second and third stages.

When the factual scenario in the case is set aside on the touchstone of principles set out above, it becomes clear that the appellant is responsible for causing the death of the deceased. However, the application of Section 304 Part II IPC would be applicable and not Section 302 IPC. The conviction is accordingly altered. Ten years custodial sentence would meet the ends of justice.

Appeal is allowed to the aforesaid extent.