MURUGAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 14.10.2004 passed by a Division Bench of the Madras High Court, Madurai Bench in Criminal Appeal No.115 of 1997 whereby and whereunder the appeal preferred by the appellants herein against a judgment of conviction and sentence dated 10.2.1997 passed by the Additional District & Sessions Judge-cum-Chief Judicial Magistrate, Ramanathpuram convicting the accused No.7 under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and accused Nos.8, 9 and 10 under Section 324 of the Indian Penal Code and sentencing them to undergo one year's rigorous imprisonment was dismissed.

(2.) A quarrel ensued between the prosecution party and the accused on 10.7.1973 in regard to drawing of water from a well. Accused were said to have been bearing grudge towards the deceased as a criminal case was instituted against them at Kumuthi Police Station. On 4.8.1993, at about 6.15 pm, a procession of villagers was taken out for celebrating a festival known as "Mulaipari" festival. It started at village Keelamathupatti. When the procession reached near the village known as Gandaru, with a view to commit murder of PW-5, Nagarajan and other persons, the accused persons who were 11 in number allegedly formed an unlawful assembly with weapons like knife, cycle chains and sticks in their hands. Accused No.1, Subramanian, and accused No.3, Selvaraj, are said to have instigated others to commit murder of PW-5 Nagarajan consequent whereupon accused No.4, Ramu, attacked him with a stick causing a fracture on his right hand. When deceased Kannan tried to obstruct him from doing so, accused No.4, Ramu, instructed accused No.2, Selvaraj, to kill him also. Consequently, accused No.2, Selvaraj, caught hold of the hands of Kannan, whereas accused No.6 caught hold of his shoulders. Taking advantage of the said situation, the appellant No.1 herein (accused No.7 - Murugan) is said to have stabbed him with a knife on his chest. Appellant No.1 is said to have caused an injury on PW-1, Chithiraichamy, also with his knife, whereas accused No.8 attacked PW-1 with cycle chain and caused an injury on his head thereby. Appellant No.3- Selvaraj, (accused No.9) is said to have attacked PW-3, Kathirvel, with a knife on his nose and head whereas accused No.10, Boomi, attacked PW-3 with a cycle chain and caused injuries to him. PW-2, Murugesan was also attacked with a stick.

(3.) A First Information Report was lodged immediately after the said occurrence. Out of 11 accused, however, only accused No.7 and 8 to 10, were convicted and sentenced in the manner, as noticed hereinbefore, whereas others were acquitted. An appeal preferred thereagainst by the appellants herein has been dismissed by reason of the impugned judgment.