ATHTHIAPPAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is at the instance of Appellants Accused Nos.2 and 3 against the Judgment dated 31.12.2003 of the learned Additional District and Sessions Judge, Fast Track Court, Virudhunagar in S.CNo.151 of 2003, convicting and sentencing A2 to undergo simple imprisonment for one month under Section 341 I.P.C, to undergo rigorous imprisonment for six months under Section 342 I.P.C and to undergo rigorous imprisonment for two years under Section 326 read with Section 34 I.P.C along with a fine of Rs.1,000, in default to pay the fine amount, to undergo further rigorous imprisonment for six months, convicting and sentencing A3 to undergo simple imprisonment for one month under Section 341, I.P.C, and to undergo life imprisonment under Section 302 I.P.C

(2.) The case of the prosecution is that the daughter of the deceased PW4 had love affair with PW5 and wanted to marry him. The deceased supported his daughter's love affair. PW5 belonged to Mooppan community and the deceased belonged to Nadar community. The panchayat opposed the marriage of PW4 with PW5. However, the deceased proceeded to perform the marriage of his daughter with PW5. Enraged by the attitude of the deceased, on 11.3.2002 at about 6.15 p.m., while the deceased was going in his T. V.S. Super XL motor cycle carrying two bags in Aruppukkottai Road, the accused numbering 3, way laid the deceased and A3 attacked the deceased with broken soda bottle and thereby caused the injuries. The deceased himself got admitted in Government Hospital, Virudunagar. However, later on, he succumbed to the injuries.

(3.) In. support of its case, the prosecution let in evidence through PWs1 to 20, marked Exs.Pl to P28 and produced M.Os.l to 10. On questioning under Section 313 of the Cr. P.C, the appellants accused denied their complicity in the offence. The appellant accused neither examined any witness nor marked any document. The court below convicted the accused on the basis of the evidence of the eye witnesses and the motive as spoken to by the witnesses to convict the accused.