SANTHANA KUMAR Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) CRIMINAL Appeal No.591/90 is by accused 1 and 5 and Criminal Appeal No.601/90 is by the second accused in Sessions Case No. 159/89 on the file of the learned Sessions Judge, Chengalpattu, and in this judgment they will be referred to as the first accused (A1) fifth accused (A5) and second accused (A2) respectively for the sake of convenience. They were tried along with five other accused who were acquitted. The acquitted accused will be referred to as A3, A4, A6, A7 and A6 in the manner they were arrayed before the trial court.

(2.) UNDER charge No. l Al to A 8 were charged under section 147 I.P.C. on an allegation that at 9.45 p.m. on 8.5.1989, all the accused formed themselves into an unlawful assembly near Muniyandi Vilas Hotel belonging to P.W.1 at Tiruttani, with a common object of causing the death of Ramar, son of Paramasiva Thevar and under charge No.2 A1 to A8 were charged under section 302 r/w. 34, I.P.C. on an allegation that in the course of the transaction and in furtherance of the common intention with each other to commit the murder of Ramar, Al, A2 and A5 beat him each with a casuarina stick on the left side head, cheek and shoulder, A3 and A4 fisted and held him, while A6, A7 and A8 kicked him as a result of which, the said Ramar died.

(3.) ON 7.5.1989, Al to A3 went to the hotel belonging to P.W.1 and had food for Rs.25/ - when P.W.1 asked them to pay, they refused. While leaving the hotel, they also took six raw eggs from the hotel. A1,A2 and A5 returned to the hotel on 8.5.1989 at 9.00 p.m. and had food for Rs.26/ -. When P.W. 1 questioned, they refused to pay and stated that P.W.1 is after all running the shop only on account of their grace. At that time, the deceased went there and advised them to pay the amount telling them that both the accused and P.W.1 are living by doing business. Immediately, Al, A2 and A5 taking M.Os.1,2 and 3, Casuarina sticks, respectively, which were lying there, beat the deceased on the left side of the head. A3 also beat the deceased on me left shoulder. A5 kicked him. The occurrence was witnessed in the illumination drown by a tube light which was burning. The deceased fell down and he was administered water but, he died. P.W.1 proceeded to Tiruttani police station, where he gave a complaint, Ex. P. l to P.W.9 the Sub Inspector of Police, at 11.00 p.m. who on the basis of the said complaint, registered a case in Crime No.630 of 1989 under sections 147, 323, 506 and I.P.C. by preparing printed First Information Reports. Ex.P.4 is a copy of the same. Express reports, were sent to the higher officials.