KORAKUMAR ALIAS MUTHUKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant, who is the first accused (A1) in S.C. No. 153 of 1993 on the file of II Additional Sessions Judge, Tiruchirapalli, along with three other accused, were tried before the learned Sessions Judge for the offence under Sections 302 read with Section 34 IPC. and 506 II I.P.C. for committing murder.

(2.) The learned Judge, on convicting A1 for the offence punishable under Section 326 IPC., sentenced him to undergo rigorous imprisonment for five years and acquitted A2 to A4 of all the charges. Hence, the appeal.

(3.) The case of the prosecution is as follows: On 3.5.1992, P.Ws.1 to 4 went to Rukmani Theatre at Uraiyur to view the second show cinema. At that time, a quarrel ensued between A1 to A4 on one side and P.Ws.1 to 4 on the other side which resulted in a panchayat; that on 4.5.1993 at about 8.30 p.m., when they were proceeding for panchayat, A1 along with the other accused, with an intention of causing death to the witnesses, attacked Ramalingam, the deceased in the case, who accompanied the witnesses, with a knife and caused injury to him; that at that time, A2 and A3 caught hold of the deceased, Ramalingam, to enable A1 to stab him; that A1 stabbed the deceased on the thigh and just below abdomen; that the deceased was immediately admitted in the hospital and at 9.30 p.m he succumbed to injury on the same day.