MALAICHAMY AND ORS Vs. STATE OF MADRAS

JUDGEMENT

(1.) The five appellants seek to question the propriety of their convictions and sentences for offences under Sections 148 and 302 read with Section 149 of the Indian Penal Code.

(2.) That there has been serious enmity between Palaniandi Servai (P.W. 4) and the first accused is undoubtedly established from the evidence of P.W. 4. The personal enmitycharacterisingthe relationship between P.W. 4 and the first accused, Malaichamy, has even culminated in P.W. 4 filing a suit (O.S. No. 54 of 1968) on the file of the District Munsif's Court, Melur. On a close scrutiny of the entire evidence of P.W. 4, we have no hesitation in affirming the finding of the learned trial Judge that P.W. 4 and the first accused were on inimical terms for sometime prior to the occurrence, although, they were distantly related to each other.

(3.) On the date of the occurrence 16th April, 1970 at about 4 P.M. P.W. 4 Palaniandi Servai and one Kandaswamy (not examined) were returning from Kottampatti to their village, Chinnakottampatti. The distance is stated to be about one mile. Malaichamy, the first accused, accused P.W. 4 on the road. He kicked him (P.W. 4) down and attempted to spear him with a vel kambu. Kannusamy interceded in this assault with the vel kambu by the first accused and ultimately prevented the first accused from spearing P.W. 4. The first accused was returning to his house in the village after assaulting P.W. 4 and on the way he saw P.W. 1 and the deceased Subbiah in front of the house of P.W. 1 and told them that he had beaten P.W. 4. P.W. 1 and the deceased Subbiah went to the field house of P.W. 4 to enquire about this incident and on the way Subbiah (P.W. 3) son of Karuppiah was taken along by them. P.Ws. 1 and 3 and the deceased Subbiah found P.W. 4 weeping and after hearing about the details of the assault, the deceased Subbiah told P.W. 4 that he should make a complaint to the Police about the assault. P.W. 4 agreed. P.W. 3, Kannusamy, and deceased Subbiah accompanied P.W. 4 to the Police Station of Kottampatti. They got a complaint (Exhibit P-5) prepared by a local petition-writer at Kottampatti and P.W. 4 presented it at the Police Station before P.W. 10 the Station-Writer of the Police Station, since the SuB-1nspector was not available. They had some coffee at Kottampatti later; they were returning to their village, Chinnakottampatti, at about 2-30 P.M, along the Trichy main road. There is a diversion road branching off from the main road to the village of Chinnakottampatti, and P.W. 4 and Kannusamy parted company from the deceased Subbiah and P.Ws. 1 and 3, who were proceeding on the branch road to their village. This was at about 9 P.M. and there was undoubtedly bright moonlight at that time.