ARJUNAN Vs. STATE

JUDGEMENT

(1.) Appellants 1 to 4 in C. A. No. 739 of 1985 who were A-1 to A-4 in Sessions Case No. 15 of 1985 on the file of the Sessions Judge, North Arcot at Vellore, stood charged for six offences, all relating to one and the same occurrence that took place on 12-8-1984 at about 5-00 a.m. at Poongulam Mudakku near the hill of Dongumalai, within the limits of Veppankuppam police station. The appellants may be referred to as accused as arrayed in the trial Court. The first charge was under Section 302 IPC against A-1 on the allegation that he committed the murder of one Murugesan by cutting him with a vettukathi. The second charge was under Section 302 read with Section 149 IPC against A-2 to A-4 on the allegation that they, along with A-1 and Prakasam, the juvenile accused in Sessions Case No. 16 of 1985, were members of an unlawful assembly with the common object of causing the death of Murugesan and that in furtherance thereof, A-1 committed the murder of Murugesan. The third charge was under Section 302 IPC against A-1 on the allegation that he committed the murder of Sampath by cutting him with a vettukathi. The fourth charge was against A-2 to A-4 under Section 302 read with Section 149 IPC on the allegation that they, along with A-1 and the juvenile accused Prakasam, were members of unlawful assembly with the common object of causing the death of Sampath and that in furtherance thereof, A-1 committed the murder of Sampath. The fifth charge was against A-1 under Section 302 IPC on the allegation that he committed the murder of Sampoornam ammal by cutting her with vettukathi. The sixth and the last charge was against A-2 to A-4 under Section 302 read with Section 149, IPC on the allegation that they along with A-1 and the juvenile accused Prakasam were members of an unlawful assembly with the common object of causing the death of Sampoornam and that in furtherance thereof, A-1 committed her murder. The accused pleaded not guilty to the charges.

(2.) This is a case in which three persons, namely, Murugesan, Sampath and Sampoornam are alleged to have been murdered in one and the same occurrence. The prosecution case, briefly stated, is as follows :

(3.) The learned Sessions Judge, on committal, split up the case against the four accused and the juvenile accused and numbered them as Sessions Case No. 15 of 1985 and 16 of 1985 respectively and tried the same separately.