MARIAPPAN Vs. STATE

JUDGEMENT

(1.) The appellants are accused Nos. 1 and 2 in SC No. 87 of 1985 on the file of the learned sessions Judge, Coimbatore.

(2.) They were charged under Section 302 read with Section 34 I.P.C. on the allegation that on 21-2-1985 at about 2.00 p.m. near Pannaikinar Harijan Colony in furtherance of their common intention to cause the death of one Nachimuthu Gounder they beat him with hands, pushed him down and trampled on his chest and as a result of the injuries sustained, in the assault, the said Nachimuthu Gounder died at 2.40 p.m. on 23-2-1985 in Coimbatore Medical College Hospital, Coimbatore.

(3.) The prosecution examined 10 witnesses filed 15 Exhibits and marked 4 Material Objects. On the side of the appellants 3 Exhibits were marked. These facts emerge from the evidence on record:- Deceased Nachimuthu Gounder was residing with his wife P.W. 1 Thirumathal in a garden shed in the village Kozhikuttai. There was a complaint of theft against him in Gudimangalam Police Station Crime No. 78 of 1984 for stealing coconuts. Ex. D-2 is the copy of the charge sheet in C.C. No. 14 of 1985 on the file of the Judicial Second Class Magistrate Udumalpet laid on that complaint. On 21-9-l984 A-1 Mariappan gave another complaint in Komangalam Police Station alleging that deceased Machimuthu Gounder and three others scolded him. Thereupon, Nachimuthu Gounder was charged under Section 290 I.P.C. in S.T.R. Nos. 63 to 66 of 1984.