MURUGAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the conviction and sentence imposed by the learned Additional District and Sessions Judge cum Chief Judicial Magistrate, Thoothukudi, dated 31.7.2001 made in S.C.No.374 of 1998, on the appellants/accused Nos.1 to 5.

(2.) THE case of the prosecution is as under: P.W.1 -Paradesi Konar is the resident of Savari Mangalam and he is a coolie worker. Deceased Ramasamy is his son -in -law. P.W.4 -Ulagammal is the wife of deceased Ramasamy. P.W.2 -Periyadurai and P.W.3 -Muthu -puthiavan are the sons of P.W.1. P.W.8 -Karuppasamy is known to P.W.1. There was a dispute regarding a site between the accused and P.W.1's son -in -law. Further, the constrained relationship was aggravated due to the election dispute between P.W.1's son -in -law and the accused. 20 days prior to the occurrence, there arose a dispute when the deceased took the cattle to the first accused brother's garden for grazing and there was exchange of blows between the accused and P.W.1's son -in -law.

(3.) ON 4.8.1997, P.Ws.1 and 2 and deceased Ramasamy, son -in -law of P.W.1 went to Meelavittan for earth work and was returning at 5.45 p.m. towards Savarimangalam. At that time all the accused waylaid them and attacked them. In the attack, Ramasamy was killed and P.W.1 was injured. P.W.2, who is the son of P.W.1 went to the house and informed the same to his brother P.W.3. In the mean time, P.W.1 with injuries came to the house and he was taken to hospital by P.W.3.