VELUTHEVAR Vs. STATE

JUDGEMENT

(1.) Aggrieved over their conviction for various offences by First Additional District Judge-cum-Chief Judicial Magistrate, Madurai in S.C.384/99 dated 21.12.2000 Appellants/Accused 1 and 2 (husband and wife) have preferred this appeal.

(2.) The details of charges framed and the conviction is as under: Charge Accused Charged under Section Finding/Conviction 1 A1 and A2 341 I.P.C Found guilty-one month simple imprisonment 2 A2 302 r/w 109 I.P.C A2 found guilty-Life imprisonment 3 A1 and A2 302 r/w34 I.P.C A1 and A2 found guilty- Life imprisonment. No separate sentence for A2 for offence u/s.302 r/w.34 I.P.C

(3.) In short, case of the prosecution is as under:- There is a Poromboke land in front of the house of the accused and the deceased for which deceased Sundara Thevar had obtained patta regarding which there was dispute between the accused and the deceased. The deceased had filed Civil Suit against the accused and obtained an order of injunction from the court. In connection with the said land dispute, A1 had given a complaint before Koodakovil Police against the deceased. The Police enquired into the matter. During the enquiry, A1 is said to have given an undertaking before the Police not to encroach upon the disputed house-site. The accused is alleged to have put thorns/fence in the disputed land. Police intervened and removed the same.