GOVINDARAJ Vs. STATE

JUDGEMENT

(1.) The appellants 1 to 4, on 27/04/2002, at about 7.00 a.m, came from their Village (Pakathur Madam) to the neighbouring Village (Thennathur Colony) to have toddy. When they came to the field of Selvaraj (P.W-1) to have their drink, Selvaraj objected them. Wordy quarrel erupted and later turned into a deadly fight. Govindaraj (A-1), took a wooden log and hit P.W-1 on the right side head. Seeing the commotion, Marimuthu rushed to the spot and tried to prevent Govindaraj from attacking further. Then, A-1 to A-4 all joined together and attacked deceased Marimuthu by wooden logs and hands. Then, Parasuraman (A- 2) hit P.W-1 (Selvaraj) with wooden log on the right knee. P.W-1 came to the hospital earlier and got admitted in the hospital. The deceased Marimuthu, who sustained head injury and fell unconscious was brought to the hospital later. He succumbed to the injury. Complaint from P.W-1 was recorded and the investigation proceeded in Crime No.53/2002 for offences under Sec. 307, 324 and 323 of I.P.C and altered to Ss. 447, 323, and 302 of I.P.C.

(2.) At this juncture, it is also to be noted that, A-1 and A-2 are brothers and they also sustained injuries in the said fight. For their injuries, they got admitted in the hospital. A case in Crime No.54/2002 for offence under Sec. 341 and 323 I.P.C was registered against P.W-1.

(3.) The investigation in Crime No.53/2002 against these appellants completed and on filing the final report, the matter was committed to Court of sessions.