JAYAPAUL Vs. STATE

JUDGEMENT

(1.) The appellants herein are accused 1, 2, 4 to 9 in S.C.No. 131 of 1988 on the file of the First Additional Sessions Judge, Madras. The first appellant A-1 was found guilty for the offence under Section 302 of the Indian Penal Code for causing the death of one Dharuman and sentenced to undergo life imprisonment. The first appellant A-1 was further found guilty for the offence under Section 324 of the Indian Penal Code for causing the injuries on P.W.1 and sentenced to undergo six months rigorous imprisonment for the same. He was also found guilty for the offence under Section 326 of the Indian Penal Code for causing injury on P.W. 2 and sentenced to undergo rigorous imprisonment for six years. The second appellant herein A-2 was charged for the offence under Section 302 of the Indian Penal Code for causing the death of the deceased Dharuman and was found guilty thereon. He was sentenced to undergo life imprisonment for the said offence. He was further charged for the offence under Section 324 on two counts for causing injuries on P.W. 2 and sentenced to undergo rigorous imprisonment for six months on each count. The third appellant A-4 was charged for the offence under Section 324 of the Indian Penal Code for causing injury on P.W. 1 and sentenced to pay a fine of Rs. 200/- in default, to undergo six months rigorous imprisonment. A-5 - the fourth appellant herein was found guilty for the offence under Section 323 of the Indian Penal Code for causing injury on P.W. 1 and sentenced to pay a fine of Rs. 100/-in default to undergo two months rigorous imprisonment. A-6 - the fifth appellant was found guilty for the offence under Section 323 of the Indian Penal Code on two counts for causing injury on P.W. 1 and sentenced to pay a fine of Rs. 100/- in default to undergo two months rigorous imprisonment. A-7 to A-9 - the appellants 6 to 8 herein were found guilty for the offence under Section 323 on two counts for causing injuries of P.Ws. 1, and 2 and sentenced to pay a fine of Rs. 100/- on each count, in default, to undergo two months rigorous imprisonment. One Selvaraj the third accused in this case, who was also tried along with these appellants, was acquitted by trial Court. No appeal has been preferred by the State against the order of acquittal of the said Selvaraj - A-3.

(2.) The case of the prosecution is that P.W. 1 Ayyadurai, P.W. 2 Muthammal the mother of P.W. 1 and P.W. 3 Smt. Aparanji the maternal aunt of P.W. 1 are residing at Door No. 2, Kasi Viswanathar Koil Street, West Mambalam, Chennai. As per the evidence of P.W. 1, there is enmity between the family of P.W. 1 and the family of A-1. A-1 to A-9 are admittedly brothers and cousins. On 17-5-1988 at about 11.30 p.m., A-1 and A-2 came with two constables attached to R-3 Police Station and took one Bonda (a) Viswanathan-the son of P.W. 3. At that time, P.W. 1, his brother Dharuman (the deceased), and his mother P.W. 2 were in the house along with P.W. 3 and one Smt. Amsa another maternal aunt of P.W. 1. P.W. 1 questioned P.W. 2 as to why his cousin brother Bonda (a) Viswanathan has been taken to custody by the Police. P.W. 2 pleaded ignorance.

(3.) So, P.W. 1 along with his brother Dharuman the deceased, P.W. 2, P.W. 3 and another maternal aunt Smt. Amsa went to the house of A-1 to question as to why the said Bonda (a) Viswanathan was taken to custody: When they were walking along Subba Reddy Street where the house of A-1 and A-2 was situated, A-1 and A-2 came there armed with knife accompanied by A-3 with a stick: A-4 with an iron pipe: A-5 with a casuarina Stick: A-6 with a small stick and A-7 to A-9 were unarmed. The deceased Dharuman was going about 2 feet ahead of the others. A-1 stabbed him on his stomach and left thigh with the knife MO-1. While stabbing the deceased, he uttered the following words: (Sic Matter in other language) A-2 stabbed the deceased on his left buttock and on the left eyebrow with the knife MO-2. Thereafter, both A-1 and A-2 indiscriminately stabbed the deceased. P.W. 2 tried to prevent A-l and A-2. At that time, A-1 stabbed P.W. 2 on her forehead. When she tried to prevent the attack, she also sustained injury on her right hand. A-2 cut P.W. 2 on her right thigh and back side of her head. On seeing this, P.W. 1 intervened. While so, A-1 cut P.W. 1 on his left forehand and A-4 beat him with the iron pipe on the back of his head. A-5 also beat him with the stick on his left eyebrow. A-7 to A-9 beat P.W. 1 with the hands and A-6 beat him with the stick. A-3 attempted to beat P.W. 2, but it accidentally fell on the head of A-6. On seeing this, P.W. 3 and another maternal aunt of P.W. 1 left the place out of fear.