MADHAVAN & ORS. Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants (Accused Nos. 1 to 5, respectively) were tried for an offence punishable under Sections 147, 324, 324 r/w 149, 355 r/w 149, 506 (ii), 506 (ii) r/w 149, 302 and 302 r/w 149. The appellant no. 2 is the wife of appellant no. 1. The appellant nos. 3 and 5 are the sons of appellant nos. 1 and 2. The appellant no. 4 is the wife of appellant no. 3. According to the prosecution, on 4.12.2004, at about 7.00 a.m., near the house of PW1-Saradha, due to previous enmity in connection with some land dispute between the appellants' family and the family of the deceased, the appellants with the common object of causing the death of the deceased Periyasamy (husband of PW1) and causing hurt to witnesses Saradha (PW1) and Tamil Selvan (PW2), formed themselves into an unlawful assembly and committed riot. The appellant no. 1 assaulted PW1 and PW2 with "Thadi" (wooden log) on their left leg knee and chest respectively, causing simple injuries. During the altercation, appellant no. 2 caught hold of PW2 and appellant no. 4 pulled the tuft of PW1 and dishonoured her. The appellant nos. 1 to 4 criminally intimidated PW2 and also assaulted deceased Periyasamy indiscriminately on his chest with thadi. The appellant no. 5 also assaulted Periyasamy with thadi on his left side chest and left leg. Resultantly, Periyasamy suffered injuries and was rushed to the hospital in a serious condition. Finally, whilst in hospital Periyasamy was declared dead on 9th December, 2004.

(2.) In this background, the appellants were charged and tried for the aforementioned offence. The prosecution examined 18 witnesses to prove the charges against the appellants. The defence of the appellants, as can be discerned from the written statement filed by the appellants purported to be under Section 313 of the Criminal Procedure Code, was that the complainant party was the aggressor. They started the fight and assaulted the appellants. The appellants had suffered injuries. However, the prosecution failed to explain the injuries sustained by the appellants. The prosecution also failed to explain as to why the complaint made by the appellants was not pursued to its logical end after investigation. According to the appellants, the genesis of the crime has been suppressed by the prosecution. Further, the evidence produced by the prosecution was contradictory and did not establish the guilt of the appellants. The appellants, however, did not produce any oral evidence.

(3.) The Additional District and Sessions Judge, Krishnagiri, who tried the appellants in Sessions Case No. 62 of 2006, after analysing the evidence produced by the prosecution and adverting to each of the contentions raised by the appellants vide judgment dated 19th November, 2008, found all the appellants guilty of the stated offence. The operative part of the judgment of the Trial Court reads thus:--