RAJA ALIAS RAJENDRAN Vs. STATE

JUDGEMENT

(1.) BOTH the accused in Sessions Case No.140 of 1991, on the file of Additional Sessions Judge, Vellore, are the appellants herein, who challenge the conviction and sentence of imprisonment for life imposed upon them.

(2.) THE learned Sessions Judge framed a charge under Sec.302 read with Sec.34 of I.P.C. against both the accused on an allegations that in furtherance of their common intention to commit the murder of Dhamodaran, the first accused Raja beat Dhamodaran on the head and chest by iron pipe and the second accused Ravi beat Dhamodaran on the face and chin by wooden log resulting in his death.

(3.) ON 10.5.1991, Kannan alias Mangali died in Mangammapettai and Dhamodaran came from Arakonam for garlanding the body. At about 4.00 p.m. Dhamodaran was standing in front of his house and both the accused came there and demanded money from Dhamodaran for drinking arrack and Dhamodaran replied that he had no money. The second accused abused him by saying that nobody had denied payment for the demand made by his Constable Brother. Both the accused tried to beat Dhamodaran and Dhamodaran, out of fear, went inside his house and locked the door. P.W.1 pleaded with the accused not to attack his son, still both the accused pushed away P.W.1 and the second accused broke open the door and pulled Dhamodaran out of the house. The first accused beat Dhamodaran on the head and chest by M.O.1 Iron Pipe and the second accused beat Dhamodaran with M.O.2 Log on the face and both the accused throw away the weapons and went to their house. Dhamodaran, to save his life, ran to the nearby house of Muthu and fell down there. Both the accused again came back and beat Dhamodaran with hands and kicked him. P.W.2 and P.W.3 witnessed the occurrence. Both the accused threatened others with dire consequences and went away. P.W.1 called others for taking Dhamodaran to hospital but nobody helped him.