Criminal Appeal No. 1345, 1346 of 2012. Case: 1. Chandrasekar and another, 2. Balasubramanian Vs State of Tamil Nadu. Supreme Court

Case Number:Criminal Appeal No. 1345, 1346 of 2012
Party Name:1. Chandrasekar and another, 2. Balasubramanian Vs State of Tamil Nadu
Judges:L. Nageswara Rao and Navin Sinha, JJ.
Issue:Indian Penal Code - Sections 302, 324, 506(ii), 307
Judgement Date:May 22, 2017
Court:Supreme Court
 
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Judgment:

Navin Sinha, J.

  1. The appellants stand convicted under Section 302 IPC to life imprisonment. Appellant Chandrasekar additionally stands convicted under Section 324 IPC to six months rigorous imprisonment.

  2. The statement of the injured, PW-1 Lalbahadur Sastri, brother-in-law of the deceased Gnanasekaran, was recorded by the Sub-Inspector of Police at the Udumalpet Government Hospital on 17.07.2007 at 10:00 AM with regard to the assault made by the appellants on the deceased and the witness, the same morning at 7:30 AM. The motive was ascribed to the acquittal of the deceased the previous day, in a criminal prosecution at the behest of appellant Govindaraj. The deceased was assaulted by the appellants repeatedly on the head with a hammer, sickle and iron rod respectively. The witness was also assaulted by the appellants causing injuries. Formal FIR was registered the same day under Section 506 (ii) and 307, IPC. The deceased expired at the hospital on the same day at 11:30 AM after which Section 302 IPC was also added.

  3. The postmortem of the deceased, Exhibit P-5, was conducted by PW-11 Dr. Jayasingh, who found the following injuries on the person of the deceased:

    1) A vertical incised wound measuring 3 x 1 x 4 cm, brain deep noted on right temporal regions 2 cm behind upper end of right ear, 4 cm above to tip of right mastoid on dissection, the wound cutting the underlying scalp, skull, and dura and enter into the brain tissue measuring 3 x 0.5 x 2 cm. Diffused subdural and sub arachnoid hemorrhage noted on both cerebral hemisphere.

    2) A transverse incised wound measuring 3 x 0.5 x 5 cm brain deep noted on right temporal region. The lower end of the wound starting from the lower end of the wound no.1 and ends at the level of upper end of right ear. On dissection, the wound cutting the underlying scalp, skull, and dura and enter into the brain tissue measuring 4 x 0.5 x 2 cm.

    3) A sutured laceration 2 x 0.5 x brain deep with surroundings contusion measuring 8 x 4 cm noted on right temporal region 3 cm above to wound no.2, and 7 cm below to sagital suture line. On dissection, the underlying sub scalpel area is contused measuring 9 x 5 cm, the skull bone is fractured into multiple pieces in varying size and shape, the dura is torn and the brain tissue is lacerated measuring 4 x 3 x 2 cm deep.

    4) A round shaped contusion 3 cm in diameter noted on right side temple 0.5 cm medial to wound no.2 and 0.5 cm below to wound no.3. On dissection underlying sub scalpel area is contused, the skull shows perforation of about 2.6 cm in diameter and the detached part of the skull is found lying over the dura.

    5) A sutured lacerated wound noted on right side upper cheek measuring 2 x 0.5 x 1 cm bone deep. On dissection the underlying maxilla is fractured, with surrounding muscles bruised.

    6) A transversely incised sutured wound measuring 3 x 0.5 x 0.5 cm muscle deep noted on the 1 cm below to wound no.5, and 0.5 cm medial to right ear lobe.

    7) A sutured lacerated wound, 4 x 0.5 x brain deep noted on the upper part of right parietal region. On dissection underlying Subscalpal region bruised, the skull sows perforation of about 2.6 cm in diameter and the detached part of the skull is found lying over the dura.

    8) A sutured lacerated wound, 3x0.5x bone deep noted on the lower part of right parietal region. On dissection underlying Subscalpal region bruised, the skull bone is fractured, measuring 3 x 0.25 x brain deep.

    9) A sutured lacerated wound, 3 x 0.5 x skin deep noted on the mid occipital region. On dissection underlying Subscalpal region bruised.

    10) A curved incised wound 2 x 0.5 x skin deep noted on left occipital region. On dissection underlying...

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