SWAMINATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The above appeals are preferred against the conviction by the trial court.

(2.) The case of the prosecution before the trial court against the accused 1 to 3 is as follows: On 05.04.1994 at about 03.00 p.m., near the house of the 1st accused in Nachanampatti Kaattu Valavu Azhagesan Kaadu, the 1st accused with the intention of causing death to Palanisamy, hit with a stick on his head. At the same time, accused 2 and 3 sharing the common intention, attacked Palanisamy with stones. A2 hit him on the cheek and A3 on the forehead and due to that injuries, he fell down and died on the spot. Therefore, the trial Court charged A1 for the offences punishable under Section 302 IPC and A2 and A3 for offences punishable under Section 302 r/w 34 IPC.

(3.) To prove the case, prosecution examined P.Ws. 1 to 9, marked Exs. 1 to 13 and M.Os. 1 to 9. The trial Court after going through the evidence, convicted A1 for the offences punishable under Section 304 (2) IPC and A2 and A3 for the offences punishable under Section 304 (2) r/w 34 IPC and sentenced each of them to undergo rigorous imprisonment of three years. Aggrieved by the conviction and sentence, the accused 1 to 3 have preferred these appeals.