RAVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These appeals are preferred by Accused 2 and Accused 1 respectively, challenging their conviction under Section 325 read with Section 34 of Indian Penal Code and sentencing them each to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500/- in S.C. No. 54 of 1985 by the Sessions Judge, Thanjavur.

(2.) The appellants, who will hereafter be referred to as ranked in the Trial Court, were tried by the Sessions Judge for an offence under Section 302 read with Section 34 I.P.C. on the allegation that on 9.7.1984, at about 8.30 P.M. in the village Minnathur, they caused the death of one Pechimuthu by each beating him with a casuarina stick - M.Os. 1 and 2.

(3.) The prosecution case was briefly as follows: The deceased was living opposite to the house of P.W. I, whose wife is P.W. 2. P.W. 3 is their daughter. Accused 2 belongs to the village Velupatty and had come to the scene village Minmithur, as a guest to the house of Accused-I, who was his cousin. The house of P.W. 1 was a little away from the house of the deceased. On the day of the occurrence at about 8.30 P.M., P.W. I was tying his cattle in his backyard, when he heard noise in the house of the deceased. He turned that side and found that a sheep belonging to the deceased had strayed into the house of Accused-I and the son-in-law of Accused-I had beaten the sheep and driven it away and was abusing P.W. 2. Because of this, there was a wordy altercation between the son-in-law of Accused I and P.W. 2. P.W. 2 informed about this to her husband P.W. 1. The deceased intervened and questioned as to how after beating the sheep, they could also abuse. Immediately Accused-I and 2 ran inside the house and brought M.Os. 1 and 2 casuarina sticks and questioning how the deceased could answer in such a rude language, gave a blow each on the head, with the casuarina stick. The deceased fell down on the spot and Accused-I and 2 along with M.Os. 1 and 2 ran away from the scene. P.W. 1 found the deceased dead. There was light to witness the occurrence. Within ten minutes there was heavy rain and hence the body of the deceased was brought to the pail of the house of P.W. 1 at 11. P.M. after the rain stopped. P.W. 1 went to the Vallam police station and gave a report EX. P1 to the sub Inspector of Police which was registered as Crime No. 213 of 1984 for an offence under Section 302 I.P.C. P.W. 11, the Inspector on receipt of intimation went to the scene of occurrence and since it was dark, he commenced inquest and other investigation, the next morning. He examined witnesses, held inquest, seized the incriminating articles under mahazars and sent the body for post mortem.