Kannika vs Mookaiah & Ors

2. Challenge in this appeal was the judgment of a learned Single Judge of the Madras High Court allowing the revision petition filed by the informant- the respondent No.1. Learned Assistant Sessions Judge Ambasamudram, Tirunelveli District had convicted the appellants for the offences punishable under Sections 306 and 294(B) of the Indian Penal Code, 1860(in short the `IPC') so far as the accused No.1, appellant herein is concerned and Section 306 IPC and 323 IPC so far as accused No.2 is concerned.

3. Questioning correctness of the judgment an appeal was filed before the learned Additional Sessions Judge Fast Track Court II Tirunelveli, Tirunelveli District, who directed acquittal of the accused persons. The complainant filed a revision petition which was allowed by the High Court. The High Court allowed the revision and restored the conviction as recorded by the trial court but the sentence imposed was reduced.

She sent an intimation Ex.P4 to the Medical College Out Post Police Station. Dr. Thangaiya (PW 12) was of the opinion that it is a fit case to record the dying declaration. So, he sent an intimation - Ex.P5 to the Judicial Magistrate and gave a certificate Ex.P6 about the condition of the patient. PW14 the Junior Divisional Engineer in Telephone Department, V.K. Puram was examined in order to verify whether both the telephones were used on 5.5.1999. He said that there was no STD or ISD calls from both the telephone numbers. The telephone Number of the victim is 22839 and the telephone Number of the accused is 22762. He further said that there was no facilities to find out the local calls and gave a report Ex.P8. PW 15 was the Head Constable in the Tirunelveli Medical College out Post Police Station. After receiving an intimation from the hospital, he proceeded to the hospital and accorded a statement from Murugammal. He sent an intimation to V.K. Puram Police Station through phone. That intimation was received by the Head Constable present there. PW 16 was the Judicial Magistrate, No. 6, Tirunelveli. He received an intimation from the hospital 4 and proceeded to the hospital and recorded the statement from Murugammal in the presence of Dr. Thangaiya. At that time, the victim was in a good state of mind to give dying declaration. The dying declaration recorded by the Judicial Magistrate is Ex.P9. PW 17 Inspector of Tirunelveli Medical College out Post Police Station received the death intimation of victim Murugamal from the hospital and sent it to V.K. Puram Police Station. PW 18 the Head Constable in V.K. Puram Police Station received the death intimation and handed over it to V.K. Puram Police Station. PW 19 is the Head Constable in V.K. Puram Police Station. On 13.5.1999 at about 8 a.m. he received the death intimation and dying declaration from the hospital. On the basis of them he registered a case in Cr. No.190/99 under Section 174 of the Code of Criminal Procedure (in short `Cr.P.C.') and sent the FIR to the Judicial Magistrate's Court and other superior officials. Then the investigation was taken over by PW 20 Special Sub Inspector of V.K. Puram Police Station. He proceeded to the Medical College Hospital and conducted inquest over the body of the victim in the presence of witnesses PWs.9 to 12 and panchayatar. He sent the body to the Medical College with a requisition letter through the Head Constable 539 for postmortem PW 13 Dr. Selvaraj received the requisition and conducted postmortem. The doctor, inter alia, found the following :

9. The appeal is allowed to aforesaid extent.