JOSER ALIAS PONNUSAMY Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) On 11.7.1993, one Thennarasu, the son of A1 Joser alias Ponnusamy was murdered by Balu alias Balachandran, the deceased and his brother Sathasivam. In respect of this incident, a case was registered against both of them and the investigation was pending. During that time, the deceased Balu alias Balachandran came out on bail. In retaliation to the said murder, the accused 1 to 5 wanted to take revenge. On 23.4.1994 at about 10.30 a.m., Balu alias Balachandran, the deceased was proceeding towards his plantain grove. The accused 1 to 5 came with aruvals and spear and restrained the deceased and attacked him indiscriminately, with the result, the deceased fell down and died at the spot. With the above allegations, A1 to A5 were tried for the offences under Sections 148, 341 and 302 I.P.C. and ultimately, they were convicted for these offences. Hence, this appeal by all the accused.

(2.) The short facts leading to the conviction could be summarized as follows:

(3.) Challenging the same, a common appeal has been filed before this Court by all the accused through a single counsel Mr.Rajkumar Roberts. During the pendency of the appeal, on behalf of the second appellant (A2), Mr.Sankarasubbu, the learned counsel has entered appearance and on behalf of the appellants 3 to 5 (A3 to A5), Mr.Padmanabhan, the learned counsel has entered appearance.