MARIMUTHU Vs. STATE

JUDGEMENT

(1.) THE first accused in Sessions Case No. 83 of 1983 before the First Additional Sessions Judge, Tiruchirappalli is the appellant. The first accused was charged for offences punishable under Sections 448, 307 and 302, Indian Penal Code and accused 2 and 3 were charged for offences punishable under Section 326 read with 34, I.P.C and third accused was also charged for Offence punishable under Section 324 I.P.C. on the allegations that on 10.2.1984 at about 8.30 P.M. at Seelaipillayarputhur, accused 2 and 3, in furtherance of their common intention to cause grievous injury to Marudaiveran, attacked him and third accused beat Marudaiveeran with a crow -bar on his left shoulder and accused No.2 out him with a aruval on the left side of his fore -head and caused grievous injuries to him and in the course of the same transaction, accused No. 2 cut Ravichandran on his head, right hand and shoulders and caused simple injuries. In the course of the same transaction, accused No.1 trespassed into the house of Alagan and cut his son Nagarajan with aruval on his chest and back with an intention to cause his death and if that by that act Nagarajan had died, he will be guilty of murder and he cut with aruval Manickam on his chest and back and due to the injuries, Manickam died later in the hospital. On the materials placed before him, the learned Sessions Judge has found the accused No.1 guilty for offences under Sections 448, 307 and 302, I.P.C and had convicted and sentenced him to suffer rigorous imprisonment for six months, rigorous imprisonment for seven years and imprisonment for life respectively, the sentences to run concurrently. He found the other accused not guilty of the offences with which they are charged and had acquitted them.

(2.) THE prosecution case, as spoken to by 12 witnesses examined on its side is briefly as follows:

(3.) P .W. 12 Santnanam was Inspector of Police, Musiri. While he served there, on 11.2.1984, at 6.30 P.M. he received message from Kattuputhur police station and went there and took up investigation in the case. He was engaged in investigation of another murder case. After finishing investigation in that case, We went to Government Headquarters Hospital, Tiruchirappalli and conducted inquest over the dead body of Manickam from 12.00 noon to 1.30 P.M. and prepared Inquest Report Ex. P22. Then he sent the dead body for postmortem examination through P.W. 9 Velanganni. He handed over the dead body and the requisition Ex. P9 to the Medical Officer.