KALAIMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 06.09.2005, passed by High Court of judicature at Madras in Criminal Appeal No. 369 of 2003, whereby the High Court has dismissed the appeal of accused/appellant and four others after their conviction and sentence recorded under Sec. 302 of Indian Penal Code (for short 'IPC') by First Additional Sessions Judge, Chennai in Sessions Case No. 317 of 200

(2.) We have heard learned counsel for the parties and perused the record.

(3.) Prosecution story, in brief, is that Thoppaiah (deceased), Ganesan (PW-1) and Murugan (PW-2) were accused in some earlier case in which father of the appellant was murdered. Thoppaiah, who was accused in said earlier case, was granted bail on the condition that he would report to Police Station, Saidapet, everyday. On 10.12.1996 at about 8.00 a.m., Thoppaiah along with Ganesan and Murugan, and others, was crossing the road from bus stop opposite to the Police Station, Saidapet to report there. Appellant Kalaimani, and other accused Subbaiah, Rajamani, Sankaran and Kandasamy intercepted Thoppaiah. The above five accused inflicted injuries on person of Thoppaiah with Aruwals (sharp edged weapon). K.P. Munusami (PW-3), a Traffic Constable was regulating the traffic at the crossing. Meanwhile, P. Ayyasami (PW-4) and Sunderrajan (PW-5) both police officials saw the incident from the police station. The five accused named above escaped after stabbing Thoppaiah. A Crime No. 2296 of 1996 was registered on the report of son of the deceased, against all the five accused, and Ezumalai (PW-10), Head Constable took the injured to Royapettai Government Hospital where the injured was declared brought dead. Inspector S.P. Sakthivel (PW-14) investigated the crime. On the next day post mortem examination was conducted by Dr. K. Ravindran (PW-13). After investigation charge-sheet was filed against all the five accused.