PALANISWAMY Vs. STATE

JUDGEMENT

(1.) THE accused in S.C.No.9 of 1985 on the file of the Additional Sessions Judge, Periyar Division at Erode, have preferred this appeal challenging the legality and correctness of their conviction and sentence. Accused 1 and 2 were convicted under S.302 read with S.34, I.P.C. and sentenced to imprisonment for life. The third accused was convicted under S.324, I.P.C. and sentenced to undergo rigorous imprisonment for one year. These three appellants were tried for five charges on the allegation that in pursuance of a criminal conspiracy to cause the death of Ponnusamy (hereinafter shown as D -1) and his son Duraisamy (hereinafter shown as D -2), on 25 -10 -1981 at 12 noon at Kolathur the first accused and also the second accused cut Ponnusami with aruval while the third accused abetted the commission of the said offence. The third accused cut D -2 with aruval which offence was abetted by accused 1 and 2. To substantiate the above charges, the prosecution examined P.Ws.1 to 23, filed Ex.P1 to P24 and marked M.Os.1 to 29.

(2.) THE case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows: D -1 is the father of D -2. In respect of an occurrence on 9 -8 -1981 one Kumarasami Goundar of Thekkalur, who is the father of the third accused, preferred a complaint against D -1, D -2, Subbaraya Goundar, sambandhi of D -1, P.W.6 and others to P.W.19 Sub Inspector of Police, Arachalur. He registered a case in Crime No.277 of 1981 under Ss. 147, 448, 323 Indian Penal Code., Ex.P.20 is the copy of the first information report in that case. In respect of the same occurrence, one Periammal, mother of the third accused, also preferred a complaint which was registered in Crime No. 273 of 1981 under Ss. 147, 148, 448, 324 and 326 I.P.C. Ex.P.21 is the copy of the first information report. Both the cases were investigated by P.W.19 and charge -sheets have been filed and the cases were tried by the first Assistant Sessions Judge, Erode against 13 persons including D -1 and D -2 for various offences. In the said case, both the deceased were released on conditional bail and they have to report daily before the Arachalur Police Station and they should not enter the same village. Subbaraya Goundar, the sambandhi of D -1, and his son Palanisami Goundar have to stay at Erode and they have to report at the Erode North Police Station. It is stated that while they were returning after signing at the police station in pursuance of the terms of the conditional bail, the occurrence is said to have taken place on 25.10.1981. The above cases are said to be the motive for this occurrence.

(3.) P .W. 12 was the Medical Officer attached to the Government Hospital Erode. He examined the injured Duraisami at 2.10 PM on 25.10.1981 who was brought to the hospital at Erode by one Poosappan of Tirumangalam and Shanmugam of the same village and found him dead. He noted the same in the Accident Register. Ex.P6 is the copy of the Accident Register issued by him. He sent Ex.P.7 intimation to the local police.