SUYAMBU Vs. STATE

JUDGEMENT

(1.) The appellant in C.A. No.282 of 1989 was the 1st accused in S.C. No. 144 of 1984 on the file of the First Additional Sessions Judge, Tirunelveli. He was convicted for an offence u/S.302 of the Indian Penal Code and sentenced to undergo imprisonment for life. The appellants 1 and 2 in C.A. No. 289 of 1985 were accused 2 and 3 in the same Sessions case before the First Additional Sessions Judge, Tirunelveli. They were convicted for an offence u/S.302 read with S. 34 of the Indian penal Code and sentenced to undergo imprisonment for life.

(2.) The gravaman of the charge against the accused as arrayed before the trial Court was that they, along with 4th accused Gurusami (who was acquitted by the Sessions Judge) at 5-30 p.m. on 17-2-1983 caused the death of the deceased Thangapandi Nadar in the village Alagappapuram within the jurisdiction of Panagudi Police Station, 8 K. M. away from Alagappapuram, the Ist accused stabbing him on his chest with a spear, while in furtherance of the common intention, the 2nd accused cut him on the left hand with aruval. The 3rd accused attempted to cut him, which was warded off by P.W. 1 Thanga Krishnan and the 4th accused instigated the other accused to commit the crime.

(3.) The facts relating to the prosecution case as disclosed by evidence is briefly as follows : The accused as well as the deceased belong to the village Alagappapuram. Accused 1 and 4 are brothers, while accused 2 and 3 are brothers. The 1st accused has married the sister of accused 2 and 3.