ASHOK Vs. STATE

JUDGEMENT

(1.) The appellants are A.2 to A.8 in Sessions Case No.240/93 on the file of II Additional Sessions Judge, Trichy, whereby A.2 was convicted for offence punishable under Sec.148 IPC and sentenced to undergo R.I for one year besides conviction for the offence punishable under Sec.302 and sentence to imprisonment for life and he was also convicted for the offence punishable under Sec.323 read with 149 IPC and sentenced to undergo R.I.,for 6 months and also convicted for the offence punishable under Sec.324 read with 149 IPC and sentenced to undergo R.I. for one year; A.3 and A.4 were convicted for the offence punishable under Sec.148 IPC and sentenced to undergo R.I for one year each besides conviction for the offence punishable under Sec.302 read with 149 IPC and sentence to undergo imprisonment for life. They were also convicted for the offence punishable under Sec.323 read with 149 IPC and sentenced to undergo R.I for 6 months each and also convicted for the offence punishable under Sec.324 read with 149 IPC and sentenced to undergo R.I., for one year each. A.5 and A.7 were convicted for the offence punishable under Sec.148 IPC and sentenced to undergo R.I for one year each and they were convicted for the offence punishable under Sec.324 IPC and sentenced to undergo R.I for one year each besides being convicted for the offence punishable under Sec.302 read with 149 IPC for which they were directed to undergo life imprisonment. They were also convicted for the offence punishable under Sec.323 read with 149 IPC and sentenced to undergo R.I for 6 months. A.6 was convicted for the offence punishable under Sec.148 IPC and sentenced to under go R.I for one year and also convicted for the offence punishable under Sec.324 read with 149 IPC and sentenced to undergo R.I for one year besides being convicted for the offence punishable under Sec.302 read with 149 IPC for which he was sentenced to undergo life imprisonment. He was also convicted for the offence punishable under section 323 I.P.C.,and sentenced to undergo RI for six months. A.8 was convicted for the offence punishable under Sec.148 IPC and sentenced to undergo R.I for one year and was also convicted for the offence punishable under Sec.302 read with 149 IPC and sentenced to under go life imprisonment. He was also convicted for the offence punishable under section 323 read with 149 I.P.C.,and sentenced to undergo RI for six months besides being convicted for the offence punishable under Sec.324 read with 149 IPC and sentenced to undergo R.I for one year. All the above accused were ordered to suffer the sentences concurrently with life imprisonment.

(2.) The charge against them is that on 8.6.91 at about 7.30 p.m, they formed themselves into an unlawful assembly, arming themselves with deadly weapons, A.2 stabbed the deceased Govindaraju on his right thigh and caused his death while P.W.2 was assaulted by A.5 and A.7 and P.W.1 was assaulted by A.6. For convenience, the appellants 2 to 8 will be referred to as accused 2 to 8 in the order as they were arrayed before the trial court. The prosecution case in a nutshell is as follows:

(3.) The deceased Govindaraju was a resident of Rajampettai Village. He belonged to Communist Party. P.Ws.1 and 2 belonged to the same party. A.3 and A.8 are sons of the 1st accused; A.2 and A.4 are the grand sons of the 1st accused; A.5 and A.6 are the agnates of the 1st accused and A.7 is the relative. All the accused are also the residents of the same village. There was a dispute between the deceased and the accused with regard to quarrying the sand in Vennaru river. On 8.6.91 at about 7.30 p.m the deceased and P.W.2 were viewing television in a public place near Panchayat board. At that time, the deceased requested P.W.2 to accompany him to a shop. Both of them went near Anna statute where there was a tube light. That place was at a distance of 100 feet from the place where they were viewing television. All of a sudden, A.1 to A.8 came there with dangerous weapons in their hands. A.2 was possessing a spear, while others were armed with aruvals and A.1 instigated the other accused to kill the deceased, since the deceased was giving trouble in the sand business and thereafter A.3 and A.4 caught hold of the deceased while A.2 stabbed him at the junction of the right thigh and loin region. P.Ws.1 and 2 shouted. A.5 and A.6 assaulted P.W.2 with aruval on his head, back and his right hand. A.6 fisted P.W.1 on his chest. The deceased after sustaining stab injury, fell down. P.W.4 the son of the deceased came to the spot, all the accused ran away. Thereafter, the deceased was taken to the Government Hospital, Trichy at about 10.45 p.m, where he was declared dead by the doctor. Immediately, P.W.1 went to the Police Station at Thiruvarambur and gave Ex.P.1 on the basis of which a crime was registered in Cr.No.764/91 under Secs.147, 148, 341, 324, 307 read with 302 IPC and the First Information Report Ex.P.16 was prepared and the same was forwarded to the Court along with Ex.P.1.