PANNERSELVAMALIASKITTU Vs. STATE

JUDGEMENT

(1.) THE appellants five in number were accused Nos.1 to 5 respectively in Sessions Case No.31 of 1991 on the file of Sessions Judge, Nagapattinam and hereinafter they will be referred to as A-1 to A-5 respectively for the sake of convenience.

(2.) UNDER charge No.1, accused Nos.4 and 5 were charged under Sec.147 of I.P.C. for the offence of rioting and the learned Sessions Judge convicted and sentenced each of them to undergo six months rigorous imprisonment. UNDER charge No.2, accused Nos.1 to 3 were charged under Sec.148 of I.P.C. for the offence of rioting armed with deadly weapon and the learned Sessions Judge convicted and sentenced each of them to undergo one year rigorous imprisonment. UNDER charge No.3, all the accused were charged under Sec.342 of I.P.C. for the offence of wrongful confinement of Arjunan and the learned Sessions Judge acquitted all the accused of the charge. UNDER charge No.4, all the accused were charged under Sec.302 read with Sec.34 of I.P.C. for the offence of causing the death of Arjunan in furtherance of their common intention and the learned Sessions Judge convicted and sentenced each of them to undergo imprisonment for life. UNDER charge No.5, accused No.4 was charged under Sec.325 of I.P.C. for the offence of voluntarily causing grievous hurt to P.W.1 Rani and the learned Sessions Judge convicted and sentenced him to undergo two years rigorous imprisonment. UNDER charge No.6, accused No.5 was charged under Sec.325 of I.P.C. for the offence of voluntarily causing grievous hurt to P.W.2 Dhanam and the learned Sessions Judge convicted and sentenced him to undergo two years rigorous imprisonment. UNDER charge No.7, the accused Nos.1 to 3 and 5 were charged under Sec.325 read with Sec.149 of I.P.C. for the offence of sharing the common object with accused No.4 in causing grievous hurt to P.W.1 Rani and the learned Sessions Judge convicted and sentenced each of them to undergo two years rigorous imprisonment. UNDER charge No.8, the accused Nos.1 to 4 were charged under Sec.325 read with Sec.149 of I.P.C. for the offence of sharing the common object with accused No.5 in causing grievous hurt to P.W.2 Dhanam and the learned Sessions Judge convicted and sentenced them to undergo two years rigorous imprisonment. UNDER charge Nos.9 and 10, the accused Nos.4 and 5 were both charged for the offence of assaulting P.W.3 and Kaliyamoorthy respectively and the learned Sessions Judge acquitted them under those charges.

(3.) ON 10.7.1990, Arjunan along with P.Ws.1 to 3 went to the cinema theatre in Mannipallam village and. after the show, they were returning home. Arjunan was going in front and the others were following him. When they were passing through the entrance of the Sugar factory in Thalaignayar under the electric light, accused Nos.1 and 2 holding aruval in their hands, accused No.3 holding velkambu in his hand and accused Nos.4 and 5 holding sticks in their hands came there and accused No.1 cut on the head of Arjunan with aruval by saying "TAMIL" and accused No.2 cut on the head and shoulder of Arjunan with aruval and accused No.3 cut Arjunan on the thigh and back with velkambu and accused Nos.4 and 5 indiscriminately beat with sticks on the body of Arjunan. ON seeing this, P.W.1 ran near and the accused No.4 beat P.W.1 with stick on the right wrist and when P. W.2 Dhanam came near, accused No.5 beat her on both hands and left leg with stick. Accused Nos.4 and 5 pushed away P.W.3 and Kaliyamoorthy with their sticks and all the accused ran away with weapons. P.W.3 went to Vaideeswarankoil, hired an auto and came back to the occurrence place at 1.00 a.m. on 11.7.1990, He directed Kaliyamoorthy to get money from the house and come to Government Hospital at Mayiladuthurai and he took Arjunan in the auto along with P.Ws.1 and 2 to the Government Hospital at Mayiladuthurai.