MOOKKANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants, two in number, were tried before the II Additional Sessions Judge, Tirunelveli, in Sessions Case No.150 of 1997. The first appellant was charged under Section 302 IPC and the second appellant was charged under Section 302 r/w Section 34 IPC, and the allegation against them is that at 1.30 p.m. on 12.10.1996, they, on account of prior enmity, caused the death of Sudalaiandi Konar, by the first appellant beating him with a firewood log on the head and the second appellant also beating him with another firewood log on the back of chest and on the right hand fingers and that on account of the injuries suffered, the said Sudalaiandi Konar breathed his last at about 4.40 p.m. on 14.10.1996 at Tirunelveli Medical College Hospital, Tirunelveli, where he was undergoing treatment for the injuries suffered by him. The learned Sessions Judge, finding the first appellant, who hereinafter will be referred to as the first accused (A1) for the sake of convenience, guilty under Section 302 IPC, sentenced him to imprisonment for life. The second appellant, who hereinafter will be referred to as the second accused (A2), was convicted as charged under Section 302 r/w Section 34 IPC and for the said conviction, the learned Sessions Judge imposed similar sentence as he imposed upon A1. Aggrieved by the said order of conviction and sentence, the accused have preferred the present appeal.

(2.) The prosecution, to establish the two charges against the appellants, examined P.Ws.1 to 18 and marked Exs.P-1 to P-19 as well as M.Os.1 to 5.

(3.) The case of the prosecution can be briefly summarised as follows:- A1 is the son of A2. P.W.4 is the daughter of the deceased and P.W.1 is the son-in-law of the deceased, in that he has married the sister of P.W.4. P.Ws.2 and 3 are the neighbours of the deceased. The accused and the deceased were residing at Maruthamuthur village. According to the prosecution, there was no love last between the accused and the deceased and there was a case between the parties pending at the court at Cheranmadevi.