THAMILARASAN Vs. STATE

JUDGEMENT

(1.) Accused 1 to 5 in Sessions Case No. 54 of 1994 on the file of Principal Sessions Judge, Nagapattinam, Nagai Quide-E-Milleth District are the appellants in the above appeal. A-l was charged for an offence under Section 148, IPC; A-2 to A-5 were charged for an offence under Section 147, [PC; and A-1 to A-5 for offences under Sections 341 and 302, IPC. By the impugned judgment dated 28-11-95, A-l was found guilty under Sections 148. 341 and 302, IPC: A-2 under Sections 147, 341 and 302. IPC; A-3 to A-5 under Sections 147 and 341, IPC and they were acquitted of the offence under Section 302, IPC. The accused challenge the said conviction and sentence in this appeal.

(2.) On 19-4-1993 at about 22-00 hours at Panneerkottagam village, due to previous enmity, the first accused-Thamizharasan and others waylaided Athimoolam and his family members, A-l Thamizharasan attacked the said Athimoolam on his head with iron pipe; A-2 Ganesan attacked him at the head with casuarina club and other accused attacked him with casuarina clubs on his persons, as a result of the same, the said Athimoolam was inflicted with bleeding injuries on his head and knees etc. The injured Athimoolam was taken to Government Hospital, Sirkali, from where he was referred to Thanjavur Medical College Hospital, Thanjavur. On 20-4-93 at 20.00 hours SubInspector of Police. Pudupattinam Police Station registered a case in Crime No. 288/93 of Pudupattinam Police Station under Sections 147. 148. 341 and 326, IPC and took up investigation. The injured Athimoolam died while under treatment on 30-4-93 at Thanjavur Medical College Hospital. Thereafter. the offence under Section 326. IPC was altered into 302. IPC.

(3.) The case of the prosecution is briefly stated hereunder :