CHANDRAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.124 of 1995 on the file of the learned Principal Sessions Judge, Tuticorin, who were convicted for an offence punishable under Sections 341 and 302 read with Section 34 of the Indian Penal Code and sentenced for one month simple imprisonment for the offence under Section 341 of Indian Penal Code and for life imprisonment for the offence punishable under Section 302 read with Section 34 Indian Penal Code, both to run concurrently, by judgment dated 20.7.1998.

(2.) The appellants, who are accused 1 and 2, along with one another accused by name Dharmar were charged for an offence punishable under Section 341 and 302 read with 34 Indian Penal Code with regard to alleged murder of one Pitchiah at about 6.00 pm on 17.12.1993 between Kothali and Kollankinaru Village, at the outskirts of Kothali village within the jurisdiction of Kadambur Police Station, by inflicting fatal injuries on the vital parts of the body of the deceased Pitchiah, which resulted in his instantaneous death.

(3.) The case of the prosecution is that the deceased Pitchiah, who is the husband of P.W.1, had three daughters. The first two daughters were already given in marriage and the third daughter, Ayyammal, who was examined as P.W.3, was asked for marriage to the first accused (Chandramoorthy). Since P.W.1 and her family members were not willing for the marriage between P.W.3 and first accused, P.W.3 was given in marriage to one Radhakrishnan. The marriage between Radhakrishnan and P.W.3 sowed the seeds of enmity between the family of the deceased and the first accused.