BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused Nos.1 and 2 in S.C.No.158 of 2014, on the file of the Additional District Sessions Court (Fast Track Court), Kumbakonam, Thanjavur District and they stood charged and tried for the offence under Sec. 302 of I.P.C.

(2.) The trial Court, vide impugned judgment dtd. 17/7/2018, has convicted the appellants herein for the above said offence and imposed the sentences, thus:

(3.) The case of the prosecution in brief as follows: The deceased one Pugalendhi is the son of P.Ws.1 and 2 and A2 is the brother of P.W.1 and A1 is the son of A2 and there is a civil dispute between them regarding the landed property and there was a frequent quarrel between the family. On 2/6/2013, at about 8.30 p.m., while the deceased and P.Ws.1 and 2 in the house, both the accused quarrelled with P.W.1. While P.Ws.1 and 2 questioning the same, the accused Nos.1 and 2 pushed down both the P.Ws.1 and 2. At that time, the deceased came out of the house and also questioned the accused Nos.1 and 2, A2 attacked the deceased with wooden log on his head and A1 also attacked him with another wooden log in his head and the deceased fell down. Immediately, P.Ws.7 and 11 took him in the motorcycle to the Government Hospital, Kumbakonam. However, on the way he succumbed to injuries. Hence, they returned back the body to the house. On the next day, at about 5.00 a.m., P.Ws.1 and 2 went to the respondent police station and filed a complaint/Ex.P1.