RAJU Vs. STATE

JUDGEMENT

(1.) THE accused/appellants were charged for the offence under Section 302 read with Section 34 of the Indian Penal Code on the allegation that on 7.4.1989 at 4.30 AM at Ellapalayam Bypass Road, Erode, due to previous enmity, the first appellant/ Al stabbed the deceased Kumarasamy on his head and the second appellant/A2 Perumal squeezed the testacles of the deceased and caused death to him.

(2.) THE case of the prosecution briefly is as follows: PW2 is the second wife of the deceased Kumarasamy. A2 is the paternal uncle's son of the deceased Kumarasamy. Al is the son of A2. THEre is previous enmity between the family of the deceased and the accused. PW2 went to her parents house at Pallipalayam and while she was there, PW4 came and informed her that her husband was lying dead on the date of occurrence due to lorry accident.

(3.) PW7, the doctor conducted post mortem on the dead body of Kumarasamy and he found on him the following injuries: