L RAJENDRAN, S MURUGAIYAN Vs. STATE

JUDGEMENT

(1.) The accused are the appellants. The present Appeal has been filed against the Judgment passed by the learned Additional Sessions (F.T.C.-II), Pattukkottai, in S.C.No.62 of 2005, dated 27.04.2005 and the case has been tried under Section 302 which has been after due trial, the Trial Court has convicted the appellants under Sections 302 and 34 of IPC and convicted the the accused for the offence under Section 326 of IPC and sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.5,000/-(Rupees Five Thousand Only) each, in default, to undergo Rigorous Imprisonment for a period of one year.

(2.) The case of the prosecution is that on 04.01.2004 at about 06.30 a.m., PW-1 along with the deceased father went to the field to water the field and at that time, the accused Nos. 1 and 2 blocked the water channel and they have been irrigating their own land, but it was questioned by his father and at that time, the accused Nos. 1 and 2 were holding the spade on their hand and the first accused caused two injuries on the chest of the deceased and the second accused caused injury on the rear side of the wooden portion of the stomach and after sustaining injuries, the deceased had fallen and on seeing this, PW-1 taken him to his residence and at that time, they noticed that he died. Therefore, he gave a complaint to the police and P.W.13-Sub-Inspector of Police attached to the respondent-police registered a case based on Ex-P1 complaint for alleged offence under Section 302 of I.P.C and prepared the printed FIR and examined PWs-1 and 3. PW-2 is the grandson of the deceased and recorded their statements.

(3.) Mahazar and observation witness PW-4 and 5 have been examined and Exs-P6 and P7 are recovery Mahazars and PW8 and 9 whose speaks about the water channel and irrigation period and PW-10 is the Postmortem Doctor also has been examined. PW-11 and 12 are the police officials who taken the body as well as FIR to be Registered the case and the investigation has been done by PW-15 and PW10 - doctor has also been examined who speaks about the injuries and about the death.