PANDIAN ALIAS VEERAPANDIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal by the original accused no. 1 Pandian @ Veerapandian from a judgment of the division bench of the High court of Madras convicting him under Section 120-B read with Section 304 Part I of the Indian Penal Code. He has been sentenced to seven years' rigorous imprisonment. The prosecution case briefly is as follows:-

(2.) One Kunju @ Govindraj who was the paternal uncle of PW. 1 Raja and was related to accused nos. 1 and 2 had contested the Presidentship of the village Panchayat in 1986. His opponent was PW. 4 Dhanamani. PW. 4 won the election. Deceased no. 1 had supported PW. 4 offering him financial aid and support while accused no. 1-the present appellant, was a strong supporter of Kunju @ Govindraj. There was, therefore, enmity between accused no 1 and PW. 1 on the one side and deceased no. 1 and the others on the other side. Accused no. 1 was a Panchayat Union Contractor. The bills which were due to him were not passed for payment and he presumed that this was done at the instance of PW. 4 and his men. The stopping of payment led to a quarrel between accused no. 1 and PW. 4 on 23/4/1986. In respect of this incident PW. 4 had preferred a complaint at the police station.

(3.) On 25/4/1986 there was yet another clash at 8.30 p. m. between the group supporting PW. 4 and the group owing allegiance to accused! no. 1. In this occurrence accused no. 1, his father and his younger brother sustained injuries and were admitted to government Hospital, Chidambaram. A criminal complaint has also been lodged in this connection. Two days thereafter on 27/4/1986 there wasanother incident when PW. 1 and others proceeded to the house of Rajalaxmi the wife of deceased no. 1 and abused her in vulgar language in respect of which also a criminal complaint has been lodged.