VARADHAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE criminal appeal arises out of the judgment of conviction and sentence, dated 11.01.2005, made in S.C.No.257 of 2004, on the file of the Additional Sessions Court, Fast Track Court No.II, Kancheepuram, whereby A1 and A2 were convicted for the offence under Section 304(ii) IPC and sentenced to undergo five years rigorous imprisonment each and imposed a fine of Rs.1,000/- each in default in payment to undergo six months rigorous imprisonment.

(2.) THE respondent has filed a charge sheet against the appellants/accused. A1 is the father of A2 and brother of deceased Ravi. There was a land dispute in respect of ancestral property. There were palm trees in the lands. On 29.09.2003, A1 permitted the witness P.W.4/Krishnan to cut palm leaves from the palmyrah trees grown in their lands, after getting some amount from the said witness, but it was objected by the deceased Ravi. On the same day at 9.30 p.m., while the deceased Ravi was proceeding towards his house through Mariamman koil street, A1 and A2 joined together with an intention to cause death of Ravi, wrongfully restrained Ravi and assaulted him with casuarine stick, which resulted to death, thereby A1 and A2 committed an offence under Sections 341, 302 r/w 34 IPC.

(3.) THE learned trial Judge after following the procedure framed necessary charges against the accused. Since the accused pleaded not guilty, the trial Court examined P.W.1 to P.W.13 and marked Exs.P1 to P19 and M.O.1. The trial Court placed the incriminating evidence before the accused and the accused denied the same in toto. On the side of the defence, no witness was examined and no documentary evidence was marked. On considering the oral and documentary evidence, the trial Court acquitted A1 and A2 for the offence under Sections 341 and 302 IPC and convicted them under Section 304(ii) IPC and sentenced them as stated above.