THANGAPANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Both these appeals are disposed of together, since the appellants in C.A. 948/85 and C.A. 63/86 were A5 to A7 and Al to A4 respectively, in S.C. No. 282 of 1984 on the file of the Second Additional Sessions Judge, Tirunelveli and the case against them related to one and the same transaction.

(2.) In S.C. No. 282 of 1984 three charges were framed. The first charge was against all the appellants under Section 148, Indian Penal Code on the allegation, that at or about 7 p.m. on 27/4/1984 at Meenthuli Village, they formed themselves into an unlawful assembly, with the common object of causing the death of deceased Chelliah Konar and causing hurt to his son P.W. 1 Sivanaiya Konar, Al was then armed with an aruval, while A2 to A7 were armed with Kathi Kambus. The second charge was also framed against all the appellants under Section 302 read with Section 149, Indian Penal Code, alleging that in the course of the same transaction, Al attacked the deceased with an aruval, while A2 to A 7 attacked him with Kathi Kambus leading to his death. The last charge was against A2 and A 7 for having caused hurt to P.W.1 Sivanaiya Konar, by beating him with Kathi Kambu in the course of the same transaction. The learned trial Judge found the appellants guilty as charged. Under the first charge, each one of them was sentenced to undergo Rigorous Imprisonment for one year, while under the second charge, each appellant was sentenced to undergo imprisonment for life and on the last charge A2 and A 7 were sentenced to undergo Rigorous Imprisonment for one year. The sentences of imprisonment were, directed to run concurrently.

(3.) The prosecution case needs narration. Al and A2 are brothers. A3 to A 7 are the friends of Al and A2. Deceased Chelliah Konar was the father of P.W. 1, Sivanaiya Konar. The appellants, the deceased and P.W. 1 were residents of Meenthuli village. On 26/4/1984, P.W. 1 and the deceased, at or about 10 p.m., had fixed a sheep pen in the land of Narayanasamy Naicker, examined as P.W. 6, and were keeping watch. During night time, they noticed movement of sheep. Deceased got up and noticed A2 to A4 near the sheep-pen and A2 attempting to catch hold of a sheep. Deceased Chelliah Konar beat with a stick, on the head of A2. Soon thereafter A2, A3 and A4 vanished from the scene. While so, at or about 7 a.m. on 27/4/1984, as was usual, Srinivasan, the younger brother of P.W. 1 came to the sheep-pen to feed the sheep. He was standing near a well within the vicinity of sheep-pen. At that time A 1 armed with an aruval and A2 to A 7 armed with Kathi Kambu, came to the place, where the sheep-pen was situated. Deceased Chelliah Konar questioned A 1. Immediately Al cut on the head of the deceased with an aruval. When he aimed a second cut, on being warded off, it landed on the left little finger and left side of the fore-head, close to the eye brow. A2 with a Kathikambu beat on the head of the deceased. A3 with another kathikambu stabbed on the elbow of the deceased. A4 with a Kathikambu, he possessed, stabbed on the left flank of the deceased. AS to A 7 stating, that they would not leave the deceased alive, indiscriminately beat and cut the deceased with Kathikambus, they possessed. When P.W. 1 intervened, A 7 holding the blade portion of the kathikambu beat on his head and back. Similarly, A2 beat on the back and left elbow of P.W. 1. A2 and A6 then chased Srinivasan, who was hiding-behind the well, but he made good his escape. The occurrence was witnessed by P.W. 1 as well as P.W. 2 Karuppasamy, who was a watcher in the forest department. P.W. 2 was able to see the occurrence, while on duty at the scene place. He had noticed all the accused crossing him, at or about 6.45 a.m., when Al was armed with an aruval, while all the other accused possessed kathikambu. He followed them and was able to witness the occurrence. Subsequent to the occurrence, he questioned the accused as to why they had committed such an atrocious act. The accused are stated to have replied, that A2 was beaten on the earlier night and therefore after finishing their job, they were leaving the scene. P.W. 2 came over to Meenthulli village after the occurrence and informed about this occurrence to Chellaiah Konar, the son-in-law of the deceased.