MUTHUKUMARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed as against the judgement dtd. 22/2/2018, passed in S.C.No.319 of 2013 by the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court) Vellore, thereby convicting the appellants for the offences under Ss. 326 and 307 r/w 34 of IPC.

(2.) The case of the prosecution is that on 2/8/2012 at about 06.30 a.m., in the land belonged to one Pavithra situated at Marakandigail village, while the witnesses were standing in the house site, the accused A1 to A4, due to previous enmity arised out of land dispute, with common intention to commit murder, carrying deadly weapons like knife, crowbar and wooden log, uttered obscene words against the witnesses by saying @xj;jh ghL!;fsh jpUl;L eha;fsh v';f tPl;L kidia v';fSf;F bfhLf;f khl;O';fsh@/ In furtherance of the same, the accused A-1 with common intention to cause death of the witness Chinnakulandai assaulted him with crowbar on back side of his head, left thigh, the accused A-3 and A-4 assaulted the witness Chinnakulandai with wooden log on his hand and thereby causing simple hurt to him and when the witness Chinnaponnu intervened, A-2 assaulted her with knife on her left eyebrow, right hand and right leg and thereby caused grievous hurt and the accused A-3 and A-4 assaulted the witness Chinnaponnu with wooden log on her left thigh and also assaulted the defacto complainant Pavithra with wooden log on her left back and right index finger and thereby caused simple injures to them. Hence the complaint.

(3.) After completion of investigation, the respondent filed charge sheet and the same has been taken cognizance in S.C.No.319 of 2013 on the file of the Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court) Vellore, for the offences under Ss. 294(b), 326, 324 (2 counts) and 307 of IPC as against four accused persons. The trial Court framed charges for the offence under Ss. 294(b), 326, 307 of IPC as against the first accused. As far as the second accused, the trial Court framed charged for the offences under Ss. 294(b), 326, 307 r/w 34 of IPC and the charges for the offences under Ss. 294(b), 324 (3 counts) 307 r/w 34 of IPC were framed as against the accused 3 and 4.