CHINNAIAH ALIAS CHINNASAMY Vs. STATE

JUDGEMENT

(1.) Ten accused persons including the appellant in this appeal were sent up for trial before the Sessions Court, Pasumpon Muthuramalinga Devar District, Sivaganga in Sessions Case No. 16 of 1993 for various offences, principal of which was one punishable under S. 302, IPC. The trial Court as per its judgment dated 23-12-1994 convicted all the accused under various sections including for an offence punishable under S.302, IPC and sentenced them to undergo imprisonment for life. He also sentenced them to lesser period of imprisonment on other charges. In appeal, the High Court confirmed the conviction of A-1 under S. 302, IPC along with convictions under other charges and confirmed the sentences awarded by the trial Court. It convicted A-3 under S. 304, Part I, IPC and sentenced him to undergo RI for 7 years on that count, it also convicted A-3 for various other offences for which lesser punishments were awarded. It also convicted A-8 for an offence punishable under S. 307 read with 149, IPC and sentenced him to undergo 7 years imprisonment on that charge and for other lesser offences separate sentences were awarded but directed those sentences to run concurrently. Other appellants before the High Court were sentenced for lesser offences, particulars whereof are not necessary to be mentioned for the purpose of disposal of this appeal. Suffice it to say that it is only the present appellant before us in this appeal, challenging his conviction, as stated above.

(2.) It will be sufficient to mention for the disposal of this appeal that the prosecution had alleged that all the accused persons and six other unnamed accused who were not sent up for trial, formed themselves into an unlawful assembly and with the common object of causing the murder of PW-1 went to the house of PW-22 in the earlier morning of 24-8-1999 where PW-1 had gone to help PW-22 in his agricultural operations and caused injuries to P.Ws. 1, 3, 5 and 6 with lethal weapons and also caused the death of one Manimaran who, according to the prosecution, tried to prevent the accused persons from attacking PW-1. Even according to the prosecution case, the accused had no grievance or motive against said Manimaran when they came to attack PW-1 and it is only because he prevented them from attacking PW-1. Said Manimaran was attacked by the accused causing his death. In this attack the prosecution alleged that the accused caused one oblique spindle shaped wound 5 x 2 cms. on the left chest 6 inches below the nipple.

(3.) Prosecution alleged that A-2 who is not an appellant before us also caused an oblique spindle shaped wound 5 x 2 cms. on the middle of the neck. The cause of death, according to the doctor, was the two wounds caused by the appellant and A-2.