ARJUNAN Vs. STATE

JUDGEMENT

(1.) ARUMUGHAM, J. This appeal is directed against the conviction and sentence passed by the learned First Additional Sessions Judge, Tirunelveli in sessions Case No. 69 of 1987 dated 26. 9. 1988 convicting the first appellant (A-2) under Secs. 302, and 307, I. P. C. for having caused the death of one murugan and for having attempted to murder P. W. 2 Pethu Thevar alias Shanmugha thevar and sentencing him to undergo imprisonment for life for the offence under Sec. 302, I. P. C. and rigorous imprisonment for seven years for the offence under Sec. 307, I. P. C. and ordering the sentences to run concurrently and convicting the second appellant (A-5) under Sec. 302, I. P. C. for having caused the death of one Muthukutti and sentencing him to undergo imprisonment for life. The alleged occurrence is stated to have taken place at or about 1 p. m. on 2. 11. 1985 at Nettur village within the jurisdiction of the Alangulam police station.

(2.) BOTH the appellants as A-2 and A-5 along with A-1 by name Sivananaindhaperumal Thevar alias Raja Thevar, their father, A-3 Esakki muthu, their brother and A-4 Muthukutti were tried by the learned First additional Sessions Judge, Tirunelveli on the following charges: under Sec. 148, I. P. C. against A-2 to A-5; under Sec. 147, I. P. C against A-1; under Sec. 302,. I. P. C. against A-2; under Sec. 149 read with Sec. 302, I. P. C. against A-1, A-3 and A-5; under Sec. 302, I. P. C. against A-5; under Sec. 149 read with Sec. 302, I. P. C. against A-1 to a-4; under Sec. 307, I. P. C. against A-2; under Sec. 323, I. P. C. against A-1; for having formed an unlawful assembly with a view to attack P. W. 1 Thirumalai Ammal, P. W. 2 Pethu Thevar alias Shanmugha Thevar and both the deceased Murugan and Muthukutti, and commit rioting and cause the death of both the deceased in Nettur Village at or about 1 p. m. on 2. 11. 1985 with the weapon of offence Aruval and knife. After elaborate trial, the learned trial Judge found A-2 guilty under Secs. 302 and 307, I. P. C. and A-5 guilty under Sec. 302, I. P. C. and dealt with A-2and A-5 as stated earlier. He found a-1, A-3 and A-4 not guilty of the charges framed against them and acquitted them. Aggrieved with the conviction and sentence passed on them A-2 and A-5 viz. , the Appellants herein, have come forward with the present appeal.

(3.) P. W. 13, the then Sub Inspector of Police, Alangulam police station claims that when he was on duty in the station at about 2. 30 p. m. on 2. 11. 1985, the injured P. Ws. 1 and 2 along with Pandara Thevar and Kanda thevar came to the Station in a van and as P. W. 2 was found in a critical condition due to the cut injuries in the van itself, P. W. 13 sent him to the tirunelveli Medical College Hospital through Police Constable Lakshmanan with a medical memo for treatment. For the purpose of helping P. W. 2, he sent Kanda thevar along with P. W. 2. He provided a Dhoti to P. W. 2 and recovered his blood stained dhoti M. O. 10. P. W. 1 gave a statement to P. W. 13 and he reduced it into writing to her narration and after having read over and admitted by her with reference to its correctness, she subscribed her signature. This statement Ex. P-1 was attested by Pandara Thevar who was present then. On Ex. P-1, P. W. 13 registered the same in his police station Crime No. 198 of 1985 against the accused under Sec. 302, I. P. C. and other sections and prepared the printed first information report Ex. P. 14. Then he sent Ex. P-1 and Ex. P. 14 to the Judicial second Class Magistrate, Thenkasi through P. W. 12 Gr. I. P. C. Chelladurai Pandian with the passport Ex. P-13. After providing an alternate sari to P. W. 1, he recovered the blood-stained sari M. O. 1 from P. W. 1. He also provided an alternate dhoti to Pandara Thevar and recovered his bloodstained dhoti. He sent p. W. 1 for treatment to the Tirunelveli Medical College Hospital with a medical memo through Police Constable Arumugham. He also sent copy ofex. P-14 to the Inspector of Police and other copies to his superior officers.