PERIASAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) We have pronounced the verdict in this appeal on 29-8-1996 by altering the conviction of the two appellants to the offence under Section 304, Part I read with Section 34 of the IPC and sentencing them each to rigorous imprisonment for seven years. However, we reserved our reasons thereof and hence we now state the reasons as under :-

(2.) Prosecution story, in brief, is the following :- Periasamy (first appellant) is the son and Murugesan is the nephew of Ramaswamy (second appellant). About five years prior to the murder, second appellants daughter Mallika was indecently assaulted by deceased Ranganathan for which there was a criminal case and Ranganathan was convicted in that case. A couple of years thereafter the plantain crops of deceased Ranganathan were destroyed by the goats of second appellant over which there was some altercation between them. Thus, bad blood existed between the deceased and second appellants family.

(3.) On the morning of the occurrence day deceased Ranganathan in association with four other persons (including PW 1 and PW 2) engaged themselves in the work of shifting an oil engine to a field for irrigation purposes. By about 9.30 a.m. deceased Ranganathan alone went to a nearby plantain grove to ease himself. After a little while PW 1 and PW 2 heard the squeal of a pig followed by the yells of Ranganathan. PW 1 and PW 2 rushed to the place and then they saw the first appellant inflicting a blow on the neck of Ranganathan with a billhook and the second appellant stabbing him with a spear on the chest. When deceased tried to escape he was assaulted by Murugesan with lathi. Second appellant again stabbed him with the spear. Deceased fell down but first appellant cut him on the neck with the billhook two or three times more. Assailants thereafter took to their heels. Deceased Murugesan (Ranganathan ) succumbed to his injuries within an hour.