VASU Vs. STATE

JUDGEMENT

(1.) The appellants, four in number, were arrayed as A1 to A4 before the IV Additional Sessions Judge, Madras, in Sessions Case No.265 of 1994, and in the judgment they will be referred to in the same order as they were arrayed before the learned Sessions Judge, for the sake of convenience. The allegation against the accused is that they, joining with Paramasivam and Sampath, who died subsequent to the occurrence, entered into a criminal conspiracy and pursuant to the criminal conspiracy hatched by all the six accused, they formed themselves into an unlawful assembly and in furtherance of the common object of the said unlawful assembly, attacked Umar, the deceased in the case, with patta knives at about 12.15 p.m. on 2.12.1991 and that when the witnesses intervened, they were threatened by all the six accused. The learned Sessions Judge, while finding A1 to A4 guilty under Section 148 IPC and 302 r/w 149 IPC, sentenced each one of them to imprisonment for life under Section 302 r/w 149 IPC and no separate sentence was imposed against them under Section 148 IPC. The accused were acquitted of the charge framed under Section 506 Part-II IPC. Hence, the present appeal.

(2.) The case of the prosecution is as follows:- P.Ws.1 to 3 are the friends of the deceased and P.W.5 is the elder brother of the deceased. On 2.12.1991, the deceased asked his father to give him some invitation cards, which were printed in connection with the marriage of his sister, stating that they are required to be distributed by him to his friends. The father of the deceased asked him to go to the fancy store, which he was running, and collect the invitation cards, saying that he is going to the hospital, as he was suffering from sickness. The deceased accompanied by his friends, P.Ws.1 to 3, was proceeding to the fancy store run by his father to collect the invitation cards. While they were proceeding in Karaneeswarar Temple Street and when they were near Gowi Nivas Hotel, they were accosted by six persons, who came in a Maruthi van. The persons, who were found in the Maruthi van are A1 to A4 as well as Paramasivam and Sampath, who later died, and each of them was armed with a patta knife. They shouted that Umar must be cut and ran towards the deceased Umar. On seeing the accused, six in number, rushing towards Umar, his friends, P.W.1 to 3, ran away in different directions. The accused chased the deceased, and Paramasivam and Sampath cut Umar on the head and on the legs followed by A1, who cut him on the back of chest. A2 inflicted a cut on the stomach of Umar. The other accused, A3 and A4, were standing guard with patta knifes and threatened the witnesses. On receipt of the injuries, Umar fell down.

(3.) P.W.5, the elder brother of the deceased, was informed about the occurrence and on getting the information, he rushed to the place and found his brother lying on the ground with injuries. He removed Umar to Government General Hospital, Madras, and produced him before P.W.9, the casualty medical officer, who, on examining him, found him dead. The doctor issued Ex.P-8, a copy of the accident register and also sent an intimation, Ex.P-9, to the police station.