P. JOTHI Vs. STATE BY INSPECTOR OF POLICE, OTHAKADAL POLICE STATION, MADURAI, MADURAI DISTRICT, (CRIME NO. 53 OF 1991)

JUDGEMENT

(1.) APPELLANTS in this appeal are accused Nos. 3 to 5 in SC. No. 87/93 on the file of Court of Sessions. Madurai. For convenience sake, we will refer to the Appellants in this appeal in the very same rank in which they were arrayed before the Court of Sessions. Though several charges were, framed about which we will refer little later in this judgment. A3 and A4 were convicted for an offence under Section 302 read with Section 34 IPC and sentenced to under go life imprisonment while A5 was convicted for an offence under Section 323 IPC (3 counts). Eighteen days of imprisonment as a remand prisoner was taken into account by the learned Sessions Judge while imposing the sentence on A5 and accordingly, it was concluded that the period already undergone by A5 would meet the ends of justice. Heard Mr. T. Sudanthiram learned Counsel appearing for the Appellants and Mr. S. Jayakumar learned Additional Public Prosecutor for the State.

(2.) THE following are the charges framed against the accused:

(3.) THE occurrence was on 24.2.91. At 7 a.m. on that day, PW 1 was going on die road leading to the Dairy Farm. PW 4, who is the son of PW 8 came in a motor -cycle at that time and opposite to the house of A1 and A2, there was a quarrel between them and PW 4 regarding a land dispute, PW 4, with the spanner in the motor -cycle tool box, attacked A1 and A2.P Ws 1, 3, 5, 8 and the deceased separated them. A2 ran towards east and brought A3 to A6 and another person, by name Manimurugan (since deceased), A3, A5 and A6 were each armed with a stick while A4 and Manimurugan (since deceased) were armed with knives in their hands. Al and A2 pointing out the deceased declared that it was he who worked against them in the society election; he had brought shame and disrespect to them; none had contested against them in the election and therefore, he must be stabbed and finished off. Immediately, A3 and A4, each caught hold of one hand of the deceased and accused Manmurugan (since deceased) with a knife, caused stab injuries on the left side chest and head of the deceased. A5 attacked PW 1 on his head and PW 5 on his left temporal region and head with the stick in his hand. He also attacked PW 3 on his left flank with his stick. A6 attacked PW 6 on his head and back. PWs 6, 7 and two others separated them. All the injured including the deceased were boarded in a town bus and sent to the Government Headquarters Hospital at Madurai. The Medical Officer, on examining the deceased in this case, pronounced him dead. PW 1 appeared before PW 19, the Sub -Inspector of Police at 9.15 a.m. on that day and gave a complaint, which stands exhibited as Ex.P1. Ex.P1 was registered in Crime No. 53/91. Ex.P21 is the printed First Information Report. He sent the material records to the Court as well as to the higher officials through PW 17. Even before registering Ex. P1, A1 and A2 appeared before PW 19 at 8.45 am. on that day and A1 gave a complaint. PW 19 registered that complaint in Crime No. 52/91. Ex.P 20 is the printed First Information Report for that. He sent Al, A2 and A5 to the hospital for treatment along with a medical memo.