KARUPPIAH Vs. STATE REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellants are the accused A1 and A2 in S.C.No.44 of 2005 on the file of the learned Additional District and Sessions Judge/Fast Track Court, Pudukkottai. The first accused stood charged for the offence under Section 324 IPC and the second accused stood charged for the offence under Section 302 IPC. The trial Court by judgment, dated 24.02.2006 convicted them under the said charges and accordingly sentenced the first accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000.00 in default to undergo rigorous imprisonment for a period of 2 months for the offence under Section 324 IPC and sentenced the second accused to undergo imprisonment for life and to pay fine of Rs.5,000.00, in default to undergo rigorous imprisonment for six months for the offence under Section 302 IPC. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Sagadevan. PWs.1 and 2 are the brothers and PWs3 and 4 are the mother and wife of Mr.Sagadevan, respectively. The accused also belonged to the same village where the deceased was living and they are brothers. In respect of a boundary dispute between the lands of the deceased and that of the accused, there was ill-feeling between the two families. This is projected as a motive for the occurrence.

(3.) ONE Mr.Vellaisamy, was a Head Constable, attached to the Ponnamaravathy Police Station. On 09.03.2004, at 11.00 a.m PW1 appeared before him and preferred Ex.P1, complaint. Based on the same, Mr.Vellaisamy, registered a case in Cr.No.32 of 2004 under Sections 294(b), 324 and 307 IPC as the First Information Report (Ex.P8). Then, he forwarded Ex.P1 and Ex.P8 to the Court and handed over the case diary for investigation to PW15. (Mr.Vellaisamy, died before commencement of the trial and therefore, he could not be examined).