RAMASAMY GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the judgment and order dated 12-9-2000 passed by the High Court of Madras in Criminal Appeal No. 54 of 1991. On 26-3-2001, when the matter came up for admission hearing, after considering the finding of fact against Accused 3, namely, Rajendran, son of ramasamy Gounder, his petition was rejected. Further, in this appeal the only question which requires consideration is whether the Appellant (Original accused 2) could be convicted for the offence punishable under Section 326 read with Section 34 IPC. ,

(3.) It is the prosecution version that four accused faced trial on the allegation that on 19-9-1989 in the morning Accused 1 had tied his cow in the lands allotted to the deceased Chinnasamy. Accused 1 and the deceased were brothers. The deceased immediately made a complaint to his mother. On the previous day of the occurrence also the accused went for tying the cow in the land of the deceased. It is alleged that when the deceased went to the land, PW 1 also followed him. At that time Accused 1 to 4 were at a distance of about five feet from where the cow was tied. All the four accused surrounded the deceased and there was a quarrel. Then Accused 2 hit the deceased on his left chest with his right elbow. Accused 3 hit the deceased on the back of his head with the spade handle. It is also alleged that Accused 1 hit the deceased on his left face with the firewood and Accused 4 gave fist- blow on the chest of the deceased. Thereafter, the deceased fell down and subsequently died. After completing the necessary investigation the accused were charge-sheeted for the offence punishable under Section 302 IPC. The sessions Court by its judgment and order dated 3-12-1999 convicted Accused 1 for offence punishable under Section 323 IPC and acquitted Accused 4. Accused 2 and 3 were convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment.