KOLANDAISWAMY Vs. STATE REP

JUDGEMENT

(1.) The appellants four in number, who in the judgment will be referred to as accused 1 to 4 in the same order as they were arrayed before the learned I Additional Sessions Judge, Coimbatore, challenge the conviction and sentence.

(2.) They were tried before the learned Sessions Judge under Sec.302 read with 34 of I.P.C. on the allegations that between 3.15 a.m. and 3.30 a.m. on 4.6.1993, A-1 and A-2 travelled in a moped bearing Registration No.TCI 2734, and A-3 and A-4 travelled in another moped bearing Registration No.TN 33A 7293, and on reaching the tea stall of the deceased Duraivelan, A-2 and A-3 alighted from the moped; and that they inflicted indiscriminate stab injuries leading to his death. The learned trial Judge on the oral and documentary evidence found the accused guilty and sentenced each one of them to imprisonment for life, which is being challenged in this appeal.

(3.) The facts necessary to dispose the appeal are as follows: A-1 is the father of P.W.1, and P.W.2 and A-4 are the paternal aunt's sons of P.W.1. P.W.4 is the elder brother of the deceased. P.W.3 is the wife of the deceased. It is the case of the prosecution that the deceased fell in love with P.W.3 and married her against the wishes of the family members of P.W.3; and that A-1 the father of P.W.3 and others were against the said marriage because P.W.3 and the deceased belonged to different communities. This is said to be the motive for the occurrence which took place. The deceased was running a tea stall under the name and style of "Anbu Tea Stall". P.W.5 who was working in a company which was engaged in manufacturing polythene bags, was returning to his house at about 3.00 or 3.30 a.m. on 4.6.1993, and when he was near a Departmental Store, he saw a TVS moped overtaking him, and on the said moped two persons were seen sitting. A few moments thereafter, another moped also reached the place carrying two persons. P.W.5 heard the four persons shouting "he is alone, he must not be left alive". P.W.5 proceeded towards a lorry service shed to find out whether a consignment consigned to his company has arrived and saw two of the persons who came in two mopeds, going near a person, who was sleeping at the tea stall, and stabbing him. Thereafter he saw the person who suffered the stab injuries, rushing towards a Timber Mart and asking for help. But, the person who was sleeping near the Timber Mart, went away, and thereafter, the person who suffered stab injuries, ran towards a private nursing home belonging to P.W.1. P.W.5 left the scene of occurrence and went away.