SELVARAJ AND SESURAJ Vs. STATE

JUDGEMENT

(1.) A.1 and A.2 in S.C.No.78 of 1985 on the file of the Court of Sessions (Anna District), Dindigul are the appellants in C.A.No.59 of 1985. A3 in the same Sessions case is the appellant in Crl. Appeal No. 865 of 1985.

(2.) For having caused the death of Francis, husband of P.W.1, Nirmala at or about 5:15 p.m. on 31.3.1985 at Pushpapuri, A.1 was convicted under Section 302 Indian Penal Code simplicitor, and sentenced to undergo imprisonment for life. A.2 and A.3 were convicted for having abetted the commission of murder of the deceased by A1 and each one of them was sentenced to undergo imprisonment for life. A.2 is stated to have caught hold of the right hand of the deceased while A.3 is alleged to have caught hold of the left hand of the victim. A.1 is stated to have inflicted one single stab on the right side of the abdomen of the deceased with a suri knife (M.O.1) Deceased succumbed to the injury sustained by him at or about 5:50 p.m. at Dindigul Government Hospital, on the same evening.

(3.) The prosecution case in brief will have to be stated for the disposal of these appeals. P.W.1 Nirmala was Living along with her husband deceased Francis at Pushpapuri village. The deceased owned a sugarcane field. On 28.3.1985 at or about 1 p.m. when P.W.1 and her husband went over to their sugar-cane field, they found all the accused cutting sugar canes. P.W.1 and the deceased warned them not to indulge in committing theft of sugar cane any more. The accused were also told that in the event of repetition of the crime, a report would be preferred at the concerned police station. On 31.3.1985 there were some guests in the house of P.W.1. At or about 3 p.m. P.W.1 and the deceased went over to the sugar-cane filed, where they had kept ready sugar-canes for being loaded in a lorry. They found all the three accused removing sugarcanes. Deceased shouted at them stating, that even on an earlier day, he had warned that he would report their action to the police, if they indulged in repetition of their act. All the accused shouted in return P.W.1 pacified both parties and warned the accused not to commit theft anymore. After persuasion, she took her husband back home.