SURESH Vs. STATE

JUDGEMENT

(1.) The appellant, who is the 1st accused in S.C. No. 195 of 1994 on the file of learned Principal Sessions Judge, Trichirapalli was tried along with another accused, for the offence under Section 302 read with section 34 of Indian Penal Code for committing murder of Raju, the deceased at 10.00 a.m. on 04.10.1993 in front of the house of the deceased.

(2.) Learned Sessions Judge found A1 not guilty of the offence under Section 302 read with Section 34 IPC; but convicted him for an offence under Section 325 IPC and sentenced to suffer rigorous imprisonment for three years. A2 was acquitted of the charges framed against her. Hence, the appeal by A1.

(3.) A.1 is the grandson of A.2. P.W.1 is the wife of the deceased Raju. Accused and the deceased were neighbours. They were washermen by profession; they were residing at B. Mettur. Two days prior to 04.10.1993, the date of occurrence, when P.W.1 and the deceased were talking in front of their house, their chicken had eaten A.2's paddy placed in front of A.2's house; for that A2 scolded the deceased and P.W.1 in filthy language, in turn the deceased also scolded A.2. On 4.10.1993 at about 10.00 a.m. A.1 came along with A.2 and picked up a quarrel with the deceased Raju referring the previous occurrence; A1 picked up a brick which was lying nearby and hit on the nape of the neck of the deceased Raju. The deceased fell down on his front; then A.2 kicked on the scrotum of Raju; he became unconscious. At that time P.W.2 Periasamy, Thangaraju and one Kandambalam who came there stopped the fight. PW.1 took the injured to Thuraiyur Hospital. The evidence of P.W.1 is corroborated by P.Ws. 2, 3 and 4.