BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal is filed by the sole accused in S.C. No. 85 of 2011 on the file of the learned Sessions Judge, Sivagangai.

(2.) The Inspector of Police, Thirupachethi Police Station/respondent herein filed a final report as against this appellant on 21.10.2010 for the offence under Sections 341, 302 and 394 r/w 397 IPC. The trial Court has also framed charges for the said offences and in conclusion of the trial, found him not guilty for the offence under Section 394 r/w 397 IPC, but found him guilty for the offence under Section 341 and 304 (ii) IPC, convicted and sentenced him to undergo 5 years Rigorous imprisonment, with a fine of Rs. 5000/- in default to undergo two months simple imprisonment for the offence under Section 304(ii) IPC and no separate sentence was imposed for the offence under Section 341 IPC.

(3.) The brief facts of the prosecution case are that the deceased Senthil is a native of Mathur village and there was a property dispute between him and the family of one Ponnusamy. The deceased Senthil sold one of his properties to some third party and on 06.05.2010, while on the way to register the documents at the Sub Registrar Office, Sivagangai, one Karuppasamy S/o. Ponnusamy; Ponnusamy's brothers Udayar and Jeyaraman; and one Sabarimalai have raised an issue with the deceased that they are having right over Senthil's property. On 07.05.2010, the wife of Senthil, Annalakshmi [PW1] was suffering from fever and therefore, the deceased Senthil took his wife to the hospital at Kalloorani for treatment. After taking treatment, they were returning by walk near Anicut around 12.30 pm, where the aforesaid Karuppasamy, S/o. Ponnusamy, Udayar, Jeyaraman and Sabarimalai surrounded the deceased Senthil and the said Karuppasamay by saying that if he is alive only, he will sell the property, stabbed the deceased Senthil on his chest, stomach and on elbow and at that time the accused Jeyaraman and Udayar caught hold of the deceased and the said Sabarimalai was holding him from back. Immediately, PW1 took the deceased with injuries to the house of one Jeyaraman and arranged for an Auto and also informed her mother-in-law [PW4]. All of them took the deceased to the Government Hospital, Sivagangai at about 1.45 pm, but the Doctor, who attended the deceased reported he was brought dead.