AROKIASAMY Vs. STATE

JUDGEMENT

(1.) Accused 1 to 3 in S.C.No.21 of 1985 on the file of the Principal Sessions Judge, Tiruchirappalli, have preferred this appeal challenging the legality and correctness of the conviction and sentence imposed on each of them. Accused 1 to 3 were convicted under Sec.302 read with Sec.34, IPC and sentenced to imprisonment for life. In addition, the first accused was convicted under Sec.326,I.P.C. and sentenced to two years rigorous imprisonment and under Sec.324,I.P.C. and sentenced to six months rigorous imprisonment. The second accused was convicted under Sec.307,I.P.C. and sentenced to undergo R.I for three years; and convicted under Sec.324,I.P.C. and sentenced to undergo six months rigorous imprisonment. The third accused was convicted under Sec.323,I.P.C. and sentenced to three months rigorous imprisonment. The sentences were directed to run concurrently. The appellants were tried for the above offences under six charges on the allegation that on 27-9-1984 at about 830 p.m. at Pullampadi village, within the jurisdiction of Kallakudi Police Station the first accused stabbed witness Chidambaram (since deceased) on the left flank with a spear and also stabbed P.W.2 Natesan on the left forehead with the spear while the second accused stabbed witness Chidambaram on the left flank with button knife and also stabbed P.W.1 Rajendran near the left side forehead and on the back, thrice. During the course of the same transaction the second accused stabbed the deceased Challakannu on the middle of the foreheard with button knife while the third accused cut him with a space on the left shoulder and the first accused was present then with spear. The third accused also beat P.W.3 Lakshmi on the left hand with a stick and caused a simple injury. To substantiate the above charges, the prosecution examined P.Ws.1 to 13, filed Exs.P.l to P.24 and marked M.Os.l to 26.

(2.) The case of the prosecution as disclosed from the oral and documentary evidence in short is as follows: The second accused is the son of the first accused. The third accused is the elder brother's son of the first accused. P.Ws.1 and 3 are the son and daughter of the deceased Chellakannu. P.W.2 is the junior paternal uncle of P.Ws.1 and 3. The accused and P.Ws. 1 and 3 are neighbours and in respect of the usage of the lane in between the two houses, there was enmity between the two families.

(3.) On the day of occurrence at about 8.30 p.m. P.W.1, his mother deceased Chellakannu, step-mother Pappu (not examined) and one Malarkodi were sitting and conversing in front of their house. P.W.2 and his brother, witness Chidambaram (since deceased) were inside their house. At that time, the first accused abused them in filthy language. On hearing the same, the deceased witness Chidambaram along with P.W.2 came outside their house and questioned the first accused as to why he was abusing them in such a way. On hearing the same, the first accused entered into his house and brought a Kuthukol (spear) M.O.1 and stabbed Chidambaram with it on the left flank once. Immediately the second accused stabbed him with a button knife on the left flank once. On account of the stab given by the first accused the intesthe came ou t. On seeing the same, the deceased raised a hue and cry and went near the deceased-witness Chidambaram. At that time the third accused cut her with a spade on the right shoulder, which he has taken from nearby his house. The second accused stabbed her with button knife on the forehead. Thereupon, Chellakannu, mother of P.W.1, fell down unconscious. When P.W.2 tried to intervene, the first accused stabbed him on the forehead above the left eye with M.O.1. Similarly when P.W.1 raised a hue and cry and went near his mother, the second accused stabbed Mm with button knife on the left side of the forehead and also on the back, thrice, and also on the left hand, once. P.W.1 fell down unconscious. P.W.3 who was engaged inside the house came out on hearing the noise and when she went near the injured Chellakannu and Chidambaram, the third accused beat her on the left hand with casuarina stick. While A-1 stabbed her on the right shoulder with M.O.1. On receipt of the injury, she fell down unconscious. The injured Chellakannu died on the spot as a result of the injury sustained by her. P.Ws.4 and 5 witnessed the occurrence. One Ponnuswami brought a taxi and took the injured P.Ws.1 to 3 to the Government Hospital, Thiruchirappali.