KARUPPUSWAMI Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellants 1 to 6 are convicted for the offence punishable under Sec.147 IPC and sentenced to undergo R.I for one year and also convicted for the offence punishable under Sec.148 IPC and sentenced to undergo R.I for two years. THE appellants 4 to 6 are convicted for the offence punishable under Sec.323 IPC and sentenced to undergo one year R.I. THE appellants 1 to 3 are convicted for the offence under Sec.302 IPC and the appellants 4 to 6 are convicted for the offence under Sec.302 read with 149 IPC and the appellants 1 to 6 are sentenced to undergo life imprisonment and pay a fine of Rs.1,000/- each, in default, the appellants 1 to 6 are sentenced to undergo 2 years R.I. THE sentences imposed on the appellants 1 to 6 were ordered to run concurrently. THE case of the prosecution is as follows:

(2.) THE appellants are A.1 to A.6. THE deceased, Ponna Gounder, Veerappan and Sangappan, the 2nd and the 5th appellants herein, are brothers. Karuppusamy, the 1st appellant, is the son of 2nd appellant. THE appellants 3 and 4 are the brothers-in-law of the 1st appellant. THE 6th appellant is the farm hand of the 5th appellant. P.W.1, Vellaichamy and P.W.2, Nallusamy are the sons of the deceased Ponna Gounder. P.W.4, Karuppayee is the wife of the deceased. P.W.3, Nagammal is the wife of P.W.1. THE deceased and his two brothers have a common share in the well situated in their land at Arasa Goundanur village. THE deceased Ponna Gounder and the 2nd appellant Veerappan were having separate electric motors and Electricity connections for irrigation of their agricultural lands. Regarding the irrigation rights among the brothers, a civil case is pending. THEre used to be frequent quarrels between the two families.

(3.) P.W.1 went to Bala Viduthi Police Station and gave a complaint to the Inspector of Police (P.W.10). He recorded the statement and registered a case in Cr.No.25/2002 under Secs.147, 148, 323, 324, 302 IPC. He prepared Ex.P.16 the printed First Information Report and forwarded the same to the Court and proceeded to the scene of occurrence and conducted inquest and forwarded the body of the deceased for post-mortem. He also prepared observation mahazar, seizure mahazar. He examined the eyewitnesses and other witnesses and recorded their statements. On 27.5.2002, around 6.00 a.m, he arrested the appellants. The 1st appellant gave a confession and P.W.10 recorded the same, pursuant to which, he recovered M.Os 1 to 6. The appellants were remanded to judicial custody and on completion of he investigation, he laid a charge sheet for the above said offences against 10 accused including the appellants before the learned Judicial Magistrate, Kulithalai.