Kamal @ Poorikamal & Anr. Vs. State of Tamil Nadu
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Head Note
Indian Penal Code,1860 - Section 341 , Section 302 , Section 506
FIR - Delay in Sending to Magistrate - Merely because PW1 a young boy of 17 years had first gone to his house, prepared the complaint and thereafter reached the police station would not be sufficient to discard his testimony -Complaint in question was received at 0030 hrs., the police had immediately swung into action, prepared inquest panchnama and sent the body of deceased for post-mortem - Though the FIR reached the Magistrate at about 11:30 am, the post-mortem itself was conducted at 11.45 am - It would not be correct to assume that the FIR was so tailor-made to suit any finding in the post-mortem - There was no delay in the FIR reaching the Magistrate - Moreover, the defence of the first appellant itself accepts his presence at the time and place as alleged by the prosecution.
Indian Penal Code,1860 - Section 341 , Section 302 , Section 506
Murder - Nature offence -Evidence of PW1 reliable and trustworthy, which is supported by the testimony of PWs 2 and 3 as well - According to the medical evidence on record two sharp cutting weapons were used for inflicting the injuries found on the person of 'S' and that the injuries were possible by MO. Nos.1 and 2 recovered from the appellants - Involvement of both the appellant thus stands proved - Both the carotid artery and jugular vein were found cut and deceased had soon thereafter lost consciousness - These features are clearly indicative that injury No.1 was sufficient in the ordinary course of nature to have caused the death - Additionally Dr. had also stated that lot of blood should have been lost as a result of 16 stab wounds - Held that this is not a case of culpable homicide not amounting to murder - The assault was deliberate and designed to achieve the result namely the death of 'S'-deceased - Courts below were therefore right and justified in convicting and sentencing the appellants for the offences punishable under Sections 341, 302, 506 (ii) IPC.
Topic(s)-Murder - Conviction