RAMASWAMI AYYANGAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CRIMINAL Appeal No. 251 of 1972 has been filed under Section 2 of the Supreme Court (Enlargement of CRIMINAL Appellate Jurisdiction) Act, 1970 and CRIMINAL Appeal No. 243 of 1973 is by special leave. In all there are six appellants. It would be convenient to refer to them with reference to their accused number given in the judgment of the Sessions Court. They are as follows: <FRM>JUDGEMENT_779_3_1976Html1.htm</FRM>

(2.) THE occurrence giving rise to these two appeals took place on Monday the 21/04/1971 at about 4.00 p.m. at Sivan Koli tank in village Thaduthalkondapuram. In the said occurrence was seriously injured one Kaliaperumal who later died in the Hospital at about 9.00 p.m. the same evening. Another person injured in the occurrence was also named Kaliaperumal, Prosecution witness 1. THE prosecution case is that deceased Kaliaperumal was living with his maternal uncle Pichai Konar, Prosecution witness 7 since infancy. A-1 is the Karnam of the village and A-6 is the Government vetti. A-2 and A-3 are brothers. A-4, A-5 and A-6 are also inter se brothers. A-2 to A-6 worked under A-1. THEre was enmity between Prosecution witness 7 and the deceased on the one hand and A-1 on the other on account of several causes. THE facts showing the enmity between them are stated in the judgments of the courts below and are not necessary to be detailed here. Two days prior to the occurrence Marimuthu, P.W. 10 was driving some cattle, 4 or 5 of them went astray and entered into the Gingilli Kollai (field) belonging to A-1. A-1's men scolded Prosecution witness 10 and the deceased who was informed about the incident by the former at a tea shop. Prosecution witness 1 was also present there. Deceased Kaliaperumal passed on the information to Prosecution witness 7.

(3.) A-2, A-3 and A-4 preferred an appeal in the Madras High Court against their conviction and the sentences imposed upon them by the trial Court. State preferred an appeal against the acquittals of A-1, A-5 and A-6 as also against the acquittal of A-2 of the charge under Section 302. It, however, did not prefer any appeal against the acquittal of A-2. A-3 and A-4 of the charge under Section 148 of the Penal Code. Yet it is surprising to find that the High Court has convicted all the six accused for the offences of rioting. A-1 and A-5 under Section 147 with two years' rigorous imprisonment and A-2, A-3, A-4 and A-6 u/s 148 with 3 years' rigorous imprisonment. Conviction of A-3 & A-4 for the offence of murder under Section 302 has been maintained with the aid of Section 34. High Court has also convicted A-2, A-5 and A-6 under Sections 302/34 and awarded each of them life imprisonment A-1 has been convicted by the High Court under Sections 302/149 and 302/109 with sentence of life imprisonment under each. Conviction of A-2 under Section 324 has been maintained. Hence these two appeals.