NATARAJ Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the verdict of conviction and sentences awarded by the Principal Sessions Judge, Vellore against all the five appellants. They have been convicted for the offences under Secs.148, 302 and 427 as also 324 I.P.C.

(2.) The prosecution story as revealed is that Shankar (deceased) along with his wife Malliga (P.W.1) were residing in the field belonging to Janakiraman (P.W.5) as they were cultivating that field since Janikaraman was residing at Chennai. Accused 1 and 2 are the close relatives of Janakiraman while, accused 3 to 5 are the close relatives of accused 1 and 2. Accused persons felt a grudge against the deceased that it was their right to cultivate the lands of Janakiraman because of their kinship.

(3.) On 30-3-1996 at about 10.30 p.m., the accused persons, after forming an unlawful assembly with an object of eliminating Shankar, actually came to the field of Janakiraman where Shankar resided in a house and at that time all of them were armed with deadly weapons. They assaulted Shankar suggesting that unless he was removed, he was not going to vacate the field. All the accused persons pounced on him and assaulted him with deadly weapons with which they were all laced. As a result of this, Shankar died on the spot. At the time when the dastardly attack took place, Shankar’s wife Malliga (P.W.1), Maha (P.W.2), Venkatesan (P.W.3) and Ragothaman (P.W.4) and others were present. It is also the case of the prosecution that during this assault, some of the witnesses also got injured as even they were not spared since they tried to intervene and rescue Shankar. The incident took place at about 10.30 p.m. within the jurisdiction of Kalavai Police Station.