KALYANAM ALIAS KALYANARAMAN Vs. STATE

JUDGEMENT

(1.) Appellants are A1 and A2. They were facing trial in S.C. No. 123 of 2006 on the file of the learned Principal Sessions Judge, Cuddalore. By judgement dated 17.04.2007, the learned Sessions Judge convicted A1 for offences under Section 324 of IPC (Two Counts) and under Section 304(ii) of IPC and A2 for offence under Section 324 of IPC alone. The leaned Judge sentenced A1 to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months each for offence under Section 324 of IPC (Two counts) and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for one year for offence under Section 304(ii) of IPC; and sentenced A2 to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months for offence under Section 324 of IPC. Challenging the conviction and sentence both A1 and A2 have come forward with this appeal. Originally, there were four accused facing prosecution. A3 & A4 were acquitted by the said judgement and the same has become final.

(2.) The case of the prosecution in brief is as follows: P.W.2 is the daughter of the deceased - Dharmalingam. P.W.1 is the grand daughter of the deceased and the daughter of P.W.2. P.W.9 is yet another daughter of the deceased. P.W.13 is the husband of P.W.2. They were residing at South Street, Nakravanthankudi Village, Cuddalore District. A1 is the brother of P.W.13. A2 and A3 are the sons and A4 is the wife of A1. They were also residing in the same village. Between these two families there was a dispute in respect of ownership of a property measuring 7 ? cents, which is situated near the house of A1. A1 started constructing a house on the same. P.Ws 1 and 2 and the deceased attempted to prevent him from further constructing the house. There was a quarrel over the same. A1 came with an offer that he would give money in respect of the land to the family of the deceased at the time of marriage of P.W.1. P.Ws.1 and 2 and the deceased did not agree for the same. On 05.09.2005, P.Ws.1 and 2 and the deceased had gone to the Office of the Tahsildar to get some documents in respect of the said property. At about 6.00 p.m. they returned to the village. At that time, A4, who was standing near their house armed with broomstick, on seeing P.Ws.1 and 2 and the deceased started scolding them in filthy language. A1 was found armed with a knife. A2 and A3 were armed with cricket bats. These three accused also scolded the deceased and P.Ws.1 and 2. P.W.1 and the others questioned the same. At that time, A4 told them that it was only the deceased who was doing all mischief regarding the property. When the quarrel was going on, A1 suddenly cut the deceased on his head with knife. The deceased warded off the same with his hands. He, therefore, sustained injuries both on his head as well as hands. P.W.2 attempted to rescue the deceased. Immediately, A1 cut P.W.2 also on her head with knife. At that juncture, P.W.1 intervened. She was also not spared. A1 cut P.W.1 on her head with knife. A2 attacked P.W.2 with cricket bat on her hands and head. By the time, the deceased had fallen. Slowly, he tried to get up, but, A3 attacked him with cricket bat repeatedly on his head. The occurrence was witnessed by one Vaithiyanathan and Ramamani of the same street. They rushed to the spot, prevented the accused from mounting further attack. The deceased fainted. Thereafter, all the four accused escaped from the scene of occurrence with weapons. Then , P.Ws.1 and 2 and the deceased went to the hospital and got admitted.

(3.) On 05.09.2005, at about 07.50 p.m. P.W.21 Dr.Lakshmi admitted the deceased at Government Hospital, Chidambaram. She found as many as five lacerated injuries on the deceased as hereunder: