POSTMAN VENGAISAMY Vs. STATE

JUDGEMENT

(1.) The present appeal survives only in respect of Accused No. 1 - Postman Vengaisami (A-1), Accused No. 11 - Thalaiyaripandi (A-11) and Accused No. 15 - Vellachamy (A-15), as Accused No. 9 - Rathinettamatiyan (A-9), Accused No. 10 - Kotti @ Kotteswaran (A-10) and Accused No. 12 - Neelamegavannan (A-12) have completed their sentence and had since been released from custody.

(2.) 15 accused were made to stand trial before Principal Sessions Judge, Virudunagar District at Srivilliputtur. The learned trial court vide judgment dated December 7, 2007 convicted A-1, A-9, A-10, A-11, A-12 and A-15 for the offences punishable under Sections 148, 302 read with Section 149 IPC, whereas A-11 was also sentenced for an offence punishable under Section 506 (Part II) IPC. Thirumeni (A-4) and Neelamegam @ Valadukai Neelamegam (A-14) died even before framing of charges by the learned trial court, whereas other accused persons i.e. Karnan (A-2), Krishnamurthi (A-3), Lingam (A-5), Poovalingam (A-6), Kesavan (A-7), Ramalingam (A-8) and Arjunan (A-13) were sentenced for a period of one or two years for the offences punishable under Sections 342 and 324 IPC. Such accused did not file any appeal before the High Court as well. However, in appeal by other accused, the High Court confirmed the sentence imposed, except in respect of Poovalingam (A-6), who was convicted for an offence under Section 324 IPC and sentenced to one year rigorous imprisonment.

(3.) One Chinnaperiaiyah (Father of Irulandi - PW-1) is the deceased. The prosecution case is that Baskaran (PW-4) bought goats valuing about Rs.12,000/- from the deceased and has promised to pay the amount after 20 days. On April 8, 2003, the deceased came to Anaikulam to collect the amount from Baskaran. Baskaran (PW-4) sent his wife Rathi (PW-5) to collect the money from the persons to whom he had sold the goats. His wife received the amount but, on her way, she was waylaid by the men belonging to Postman Vengaisami (A-1) and Thalaiyaripandi (A-11) and that they also snatched the money. Baskaran (PW-4), Rathi (PW-5) and deceased Chinnaperiaiyah went to police station to lodge a report but while returning, Baskaran (PW-4), Rathi (PW-5) and deceased Chinnaperiaiyah were attacked by the men belonging to Thalaiyaripandi (A-11) due to which they sustained injuries. The deceased Chinnaperiaiyah belonged to Village Kurunthankulam whereas accused belonged to Nathakulam Village and both the villages are coming under the jurisdiction of Veeracholan Police Station.