GAJENDRAN Vs. STATE

JUDGEMENT

(1.) The appellants herein, who were ranked as accused No.15 and 16 respectively in S.C.No.49 of 1994 on the file of the Sessions Judge, Cuddalore, have brought forth this appeal, challenging the judgment of the learned Sessions Judge, under which they were found guilty under S.302 of Indian Penal Code and sentenced to life imprisonment. By the said judgment, the trial court acquitted the appellants of the other charges and also A-1 to A14 of the respective charges.

(2.) The appellants herein, who were shown as A-15 and A-16 respectively in the said case, stood charged for the offences under Ss 148 and 302 of Indian Penal Code alleging that on 13.10.1990 at 5.00 P.M. at Kilakundalapadi Village near the house of one Ramarajar and Nallathambi along with A-1 to A-14 in the case formed themselves into an unlawful assembly and committed the murder of the deceased Jayabal, due to prior enmity on the score of raising the bamboo trees on the ridges of the land of Meganathan.

(3.) The case of the prosecution can shortly be narrated as follows: P.Ws.1 and 2, the brothers of the deceased Jayabal, P.W.3 to 5, P.W.6, the father of the deceased, P.W.9 to 13 and P.W.14 the wife of the deceased are the residents of Keelakundalavadi Village. While A-15 is the son of A-1, A-2 and A-11 are the brothers, and others are related to each other. When P.W.1 and his brothers questioned A-1 about the planting of bamboo plant near the ridge of Meganathan, the brother of P.W.1, A-1 replied that he would remove the same after three months. Since A-1 did not do so, a panchayat was held, wherein A-1 undertook to remove the bamboo plant within ten days. But, A-1 failed to remove the plant. P.W.1 went to Chidambaram on 12.10.90 at about 6.00 P.M. While P.W.1 was going, A-2, A-5, A-6 and A-16 were damaging the house of Perumal, the brother of P.W.4 and abusing in filthy language. P.W.4 gave a complaint on 18.10.90 at 8.00 A.M. in that regard. While P.Ws.2, 3, 4 and 9 were talking in the house of Ramarajan on 13.10.1990 at about 4.30 P.M., A-2 came there. When A-2 was enquired by P.Ws.2 and 4 about the damages caused to the house of Perumal, he beat P.W.4 on his cheek. A-2 called the other accused. All the accused armed with sticks and stones came there. While A-15 was armed with M.O.1 crowbar, A-16 was armed with stick. P.W.1, who returned to his house on 13.10.1990 at about 5.00 P.M., heard the noise near the house of Ramarajan, and he went there. P.Ws.5, 6, 11, 12 and 13 who also heard some noise near Ramarajan's house, went there. At the time of P.W.1 trying to leave that place, A-2 hit him on his left flank. P.W.1 ran towards Ekali Nallathambi's house. A-11 hit P.W.2 on his left chest with stick, while A-13 hit P.W.3 with stone on his right knee. A-1 hit P.W.4 on his right knee with stone. A-6 hit P.W.5 with stone on his right eyebrow. A-10 hit P.W.9 with stone on his head, and he fell down. A-3 hit P.W.11 with stone on his stomach, and he was unconscious. A-9 attacked P.W.6 with casuarina stick on his back. A-15 and A-16, who were armed with crowbar and stick respectively, went near the house of Ekali Nallathambi, and they were followed by P.W.1. On seeing his brother Jayabal, who was returning from the ration shop, P.W.1 shouted at him to leave that place. P.W.6 mother of the deceased also saw her son coming from the ration shop. When Jayabal tried to escape, A-15 beat him with crowbar on his backside of the head, and he fell down. Jayabal was also beat by A-16 with stick on his back. A-16 also strangulated Jayabal by stating "you die!". At that time P.Ws.12 and 13 shouted that Jayabal was attacked by A-15 and A-16, which was heard by P.W.5 and P.W.14, the wife of the deceased. Jayabal was found lying with injuries on his head and flank in front of the house of Ekali Nallathambi, which was seen by P.W.14. A-15 and A-16 left the place with weapons. P.Ws.1, 3 and 4 and others lifted Jayabal and put him in a cot. Since all the accused surrounded it, they could not take Jayabal from that place. Only after Jayabal died, the accused left that place. P.W.1 went to Annamalainagar Police Station at about 9.00 P.M. and gave Ex.P1 statement to P.W.17 Sub Inspector of Police, narrating about the occurrence. On the basis of Ex.P1 complaint, P.W.17 registered a case under Ss 147, 148, 341, 336, 323 and 302 of I.P.C. in Crime No.395/90 and prepared Ex.P17 printed First Information Report. He sent Exs.P1 and P17 to the concerned Judicial Magistrate. P.Ws.1 to 6, 10 and 11, who sustained injuries, were sent to hospital by P.W.17 for treatment. P.W.7 Dr.Balachandran, attached to Government Kamaraj Hospital, Chidambaram, gave treatment to P.Ws.1 to 6 and the other injured viz. Sundarambal, Rajakumari and Ramamirtham. Exs.P2 to P10 are the wound certificates issued by P.W.7 in respect of the said injured.