RAMALINGAM Vs. STATE REP

JUDGEMENT

(1.) The appellants, who were ranked as A-1 to A-3 in a Sessions Case, have challenged the judgment of the trial Court, wherein they were found guilty and awarded sentence as follows: <FRM>B.23.796.1205.htm</FRM> The trial Court has acquitted A-1 to A-3 of the other charges and A-4 and A-5 of all the charges.

(2.) The appellants herein along with two others were charged for the offences alleging that they armed with deadly weapons, constituted into an unlawful assembly in prosecution of their common object of assaulting Krishnaveni and others have caused the death of one Karthikeyan and have also caused grievous and simple injuries to the prosecution witnesses.

(3.) The case of the prosecution in brief can be stated as follows: P.W.1 Subramani, his brother the deceased Karthikeyan, P.W.2 Elumalai and P.W.3 Arjunan and their sister P.W.4 Krishnaveni, P.W.5 Murugan @ Murugesan, son-in-law of P.W.4, P.W.6 Kuppu, the wife of the deceased and the accused all were residents of Edayanchavadi. P.W.7 Rajaram is the Panchayat President of the said village. Ramu Gounder, the husband of P.W.4 and his pangali, the fourth accused had a long pending dispute over a fence. On the date of occurrence viz. 3.1.1992, P.W.6, the daughter of P.W.4 and one Ramayee, the fifth accused had a wordy quarrel over taking water from a public tank. After reaching her home, A-5 was shouting over the same. P.W.4 requested A-5 not to precipitate the same. At that time A-1 and A-2 removing the fence, trespassed into the house of P.W.4 and beat her with a chappal. In this incident, the deceased Karthikeyan who was standing nearby, questioned the act of the accused. Immediately, A-2 declared "you should be finished of", and so saying took M.O.1 chisel and attempted to attack him. P.Ws 2 and 3 intervened to stop A-2. In that process, P.Ws.2 and 3 sustained simple injuries. A-2 attacked the said Karthikeyan and gave 4 or 5 blows with a chisel on his head. A-2 attacked the deceased on his right hand. A-2 also attacked the deceased with a stick. A-2 attacked P.Ws.2 and 3 with a stick, while A-3 attacked P.W.3 on the back and P.W.5 on the shoulder. A-1 attacked P.W.5 on his head. The deceased fell unconscious. At once, the accused fled the scene of occurrence. P.Ws.1 to 5 took Karthikeyan to Jipmer Hospital, Pondicherry. Despite treatment, Karthikeyan died at about 5.30 A.M. on 4.1.1992. P.W.2 informed the same to P.W.7 Panchayat President, who took him to one Rangasamy, a Teacher and drafted Ex.P1 complaint.