SOUNDARARAJAN Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused 1 to 3 in S.C.No.292 of 2003 on the file of the I Additional Sessions Judge, Salem. Totally, there were four accused. THE 4th accused was acquitted by the trial court. THEse 3 accused namely A1 to A3 have been convicted and sentenced as follows: (a) THE 1st and the 2nd accused were convicted and sentenced to undergo rigourous imprisonment for 2 months for the offence under Section 427 of IPC; convicted and sentenced to undergo rigourous imprisonment for 2 months for the offence under Section 448 of IPC; convicted and sentenced to undergo rigourous imprisonment for 3 months and also to pay a fine of Rs.250/-, in default, to undergo further 2 months rigourous imprisonment on each count under Section 324 IPC (4 counts) and convicted and sentenced to undergo rigourous imprisonment for 5 years and to pay a fine of Rs.1,000/-, in default, to undergo further rigourous imprisonment for 6 months for the offence under Section 304(ii) IPC. (b) THE 3rd accused stands convicted and sentenced to undergo rigourous imprisonment for 2 months for the offence under Section 427 IPC; convicted and sentenced to undergo rigourous imprisonment for 2 months for the offence under Section 448 of IPC; convicted and sentenced to undergo rigourous imprisonment for 3 months and also to pay a fine of Rs.250/-, in default, to undergo 2 months rigourous imprisonment on each count for the offence under Section 324 IPC (3 counts) and convicted and sentenced to undergo rigourous imprisonment for 5 years and to pay a fine of Rs.1,000/-, in default, to undergo further rigourous imprisonment for 6 months for the offence under Section 304(ii) IPC. Challenging the said conviction and sentence, the appellants/accused are before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows: P.W.7 Mrs.Picky is the wife of the 1st accused. THE 1st accused and P.W.7 were residing at Naickenthanda Village in Salem District. P.W.1 is a cousin of the 1st accused. THE 1st accused had suspicion that P.W.1 was having illicit intimacy with P.W.7. On 15.7.2001, the 1st and the 2nd accused had gone for hunting. P.W.7 was alone at home in the night. At that time, according to the case of the prosecution, P.W.1 came to the house of the 1st accused and was chatting with P.W.7. Unexpectedly, the accused 1 and 2 returned to the house, discontinuing the hunting. At 9.00 p.m., when they reached the house, the 1st accused found P.W.1 in the company of P.W.7 . This provoked the 1st accused. He took out a spade handle and attacked P.W.1 on his shoulder, back, left leg and other parts of the body. P.W.1 ran out of the house of the 1st accused and went to his house. THE 3rd accused joined the 1st and the 2nd accused. All the three accused chased P.W.1 and went to the house of P.W.1. THEy caused damage to the house of P.W.1 and trespassed into the same. THEn, at 9.15 p.m., inside the house of P.W.1, the Accused 1 to 3 started mounting attack on him. THE 2nd accused was having a crow bar in his hand and the accused 1 and 3 had spade handles. THEy indiscriminately attacked P.W.1 on his back, right hand, left leg, left thigh and other parts of the body. P.W.5 is the mother of P.W.1. She witnessed the occurrence. When she intervened, the accused 1 and 3 attacked her also indiscriminately with the above weapons. She also sustained injuries. P.W.1 escaped from his house and ran towards the house of one Beeman (deceased). THE 4th accused also joined with them. All the four accused trespassed into the house of Beeman and started attacking Beeman. THE 1st accused attacked Beeman with spade handle and the 2nd accused attacked him with crow bar. THE 2nd accused is alleged to have attacked the deceased on his head and the 1st accused attacked him on his body. Beeman sustained injuries. THE 3rd accused also attacked Beeman. THE 4th accused instigated the other accused to attack. P.W.2, the wife of Beeman witnessed the said occurrence. When she intervened, the accused 1 to 3 attacked her also indiscriminately with the above weapons. THE 4th accused induced the other accused to attack P.W.2 also. THE injured were taken to the hospital including Beeman. Beeman died in the hospital on 21.7.2001 due to the injuries.

(3.) BASED on the above materials, the lower court framed appropriate charges against all the four accused. The accused denied the same. Therefore, the trial court went ahead with the trial. During the course of trial, on the side of the prosecution, as many as 15 witnesses were examined and 23 documents were marked besides 10 material objects. As stated above, P.Ws.1 to 7 are the eye-witnesses to the occurrence. They have vividly spoken to about all the three occurrences. P.W.13-Doctor has spoken to about the postmortem and other official witnesses have spoken to about the investigation etc.