R MURUGESAN Vs. STATE

JUDGEMENT

(1.) THE first accused in S.C.No.219/93 on the file of the II Additional Sessions Judge, Tiruchirapalli, unable to resist the case successfully, suffered conviction and sentence under Sections 302 and 324 (two counts) I.P.C., which are assailed in this appeal.

(2.) THE appellant and one Muniappan were brought before the trial Court, to face the trial for the offences under Sections 302 r/w 109 and 324 I.P.C. on the grounds, that on 5.9.92 at about 6.00 p.m., due to previous enmity, the first accused assaulted one Nagarajan, using the handle of a spade, over his head, for which the second accused was also the cause and that in the same transaction, the first accused assaulted one Ramasamy (P.W.2) and Muniammal (P.W.1), with the same spade handle, causing injuries and Nagarajan succumbed to the injuries on 7. 9.92 at about 9.30 a.m., despite the best treatment given and therefore, both are liable to be dealt, with accordingly.

(3.) HEARD the learned counsel for the appellant, Mr. A. Padmanabhan and the learned Government Advocate (Crl. side), who took the pain of taking us through the oral, as well as documentary evidence, in respect of their rival contentions.