RANGASWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal by special leave has been preferred by accused No. 3 in Sessions Case No. 40 of 1978 on the of the Sessions Judge, Pudukkottai. The prosecution case was that an occurrence took place at about 11.45 A.M. on 15-8-1978 in the Big Bazar Street in Aranthangi town in which one Jayaraman was murdered by A-1, PW 1 Kandaswamy was attempted to be murdered by A-2 and PW 2 Mani was attempted to be murdered by A-3. In respect of these offences. each of the three accused was directly charged for his overt act and constructively charged for the overt acts of the other accused. The Sessions Judge found all the charges proved against Al. A2 and A3 and accordingly convicted them. He imposed a sentence of death on A-1 and a sentence of 8 years RI on A2 and A3 for the offence of murder of Jayaraman. In so far as the charges under Section 307 as well as under Section 307 read with Section 34 IPC are concerned, the Sessions Judge awarded varying terms of imprisonment to the three accused.

(2.) The Sessions Judge made a reference under Section 366 Cr. P.C. to the High Court for confirmation of the sentence of death awarded to Al. All the three accused preferred appeals to the High Court against their convictions and sentences. The High Court initiated a suo moto revision against A2 and A-3 for enhancement of the sentence for their conviction under Section 302 read with Section 34 IPC since the Sessions Judge had wrongly awarded them a sentence of 8 years R.I. only. All these matters were heard together by the High Court and by a common judgment the High Court confirmed the conviction of A-1 under Section 302 IPC but modified the sentence of death to imprisonment for life. As regards A-2 and A3. the conviction under Section 302 read with Section 34 I.P.C. was confirmed and they were sentenced to imprisonment for life. The conviction of A-2 under Section 307 IPC was modified to one under Section 324 IPC and consequently the conviction of A-1 and A-3 under Section 307 read with was also modified to one under Section 324 read with Section 34 IPC. The conviction of A-3 under Section 307 was modified to one under Section 506 Part II I.P.C. and -consequently the conviction of A-1 and A-3 under Section 307 read with Section 34 IPC was also modified to one under Section 506 Part II IPC read with Section 34. By reason of the altered convictions the sentences were also modified but for the purpose of this appeal it is enough if we refer to the modified sentences awarded to A-3, the appellant herein. For the convictions under Section 324 read with Section 34 IPC and Section 506 Part II IPC he was sentenced to undergo RI for 3 years and 2 years respectively, the sentences to run concurrently with the imprisonment for life awarded under Section 302 read with Section 34 IPC. While A-1 and A-2 do not appear to have preferred appeals to this Court, A-3 alone has preferred this appeal to assail the convictions and sentences awarded to him.

(3.) The prosecution case was that on 23-6-78 the eldest brother of A-1 by name Dakshinamurthy had been done to death in the course of a quarrel between him and two bus drivers and a report was made to the police about his murder by another brother by name Gnanapanditham. A case was registered and investigated into and thereafter a charge-sheet was laid against deceased Jayaraman and PW 1 Kandaswamy, both of them being drivers of a tourist bus. In connection with that case deceased Jayaraman and PW 1 Kandaswamy, who were on bail, appeared at the Court of the Judicial Magistrate, Aranthangi at 11 A.M. on 16-8-78. They were accompanied by PW-2 Mani, a friend of Jayaraman. As the committal enquiry was adjourned to 30-8-78, Jayaraman and PW-1 bound themselves over to appear in Court on that day and left the Court premises. Thereafter they went along the Bazar street accompanied by PW-2. At about 11-45 A.M. when they were near the shop of PW-3 Selladurai they were attacked by the accused in order to avenge the murder of Dakshinamurthy.