ABDUL HAMEED AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by A -1 and A -2 in S.C.154 of 1987, on the file of the Sessions Judge, Madurai, challenging their conviction for an offence under S. 304 (Part II) of the Indian Penal Code and the sentence of imprisonment for a period of four years and the conviction of the second appellant for an offence under S. 323 of the Indian Penal Code and imprisonment for a period of three months.

(2.) THE appellants along with their co -accused arrayed as A -3 were tried by the above court in the above case, for offence under Ss. 302 read with 34 and 323 of the Indian Penal Code, in that, on 1.2.1987 at 4.15 P.M. in furtherance of a common intention, they caused the death of one Thangappan, by repeatedly stabbing him with a knife in the village Cumbum and in the course of the same transaction, the second appellant beat P.W.1 and caused her a simple injury.

(3.) ON 1.2.1983 at about 4.15 P.M., P.W.1 who is the mother of the deceased, along with her grandson P.W.2 and the deceased, went to the house of A3 to pay the ten rupees. It is stated that they did not find A3 there and on coming to know that A3 was in the house of her uncle A1, they went to the house of A1. A3 was there and the deceased asked A3 to accompany him. The deceased refused to follow him and thereupon the deceased dragged A3 by hand and forcibly dragged her along with north -south street and then along the east -west street. While he was so dragging A3, A1 and A2 came there and A1 took out a knife M.O.1 and stabbed the deceased on the left flank, saying that a drunkard like him was not in need of a wife. A2 got the knife from A1 and stabbed the deceased on the back, A3 got M.O.1 from A2 and repeatedly stabbed the deceased on his flank. P.W.1 intervened and the second appellant beat her with hand and pushed her away, P.W.1 fell down and sustained an injury on her forehead. The appellants and A3 ran away, dropping M.O.1 at the scene. The deceased was dead. P.W.3, the son -in -law of P.W.1 who had arrived a the scene, took P.W.1 to the police station at Cumbum wherein P.W.1 gave Ex.P.1 to P.W.10, the Sub Inspector of Police. Ex.P1 was registered as Crime No. 73/87 for offences under Ss. 302 and 324 of the Indian Penal Code.