MURUGESAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence ordered against the accused 1 to 3 in the judgment dated 22.11.2011 made in S.C.No.85 of 2011 by the Additional District and Sessions Judge, Dindigul. By this judgment, the first accused/first appellant was convicted under Sections 341, 302 read with Sections 34 and 201 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/ - for each of the offences under Sections 302 and 304 IPC, in default, to undergo six months Simple Imprisonment; for the offence under Section 341 IPC, he was sentenced to undergo one month Rigorous Imprisonment; for the offences under section 201 read with section 302 IPC, he was sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.100/ -, in default, to undergo 3 months Simple Imprisonment; for the offence under section 324 IPC, he was sentenced to undergo Rigorous Imprisonment for a period of 3 years. Similarly, accused 2 and 3 were also sentenced to undergo life imprisonment for the offences under Sections 302 read with 34 IPC for each of the offences and to pay a sum of Rs.1,000/ - each as fine, in default, to undergo six months Simple Imprisonment; for the offence under Section 341, they were sentenced to undergo one month Rigorous Imprisonment; for the offences under Section 201 read with 302 IPC, they were sentenced to undergo 3 years Rigorous Imprisonment and to pay a sum of Rs.1000/ - as fine, in default to undergo 3 months Simple Imprisonment; for the offences under section 324, second accused was sentenced to undergo 3 years Simple Imprisonment. The sentences were ordered to run concurrently.

(2.) THE case of the prosecution is that P.W.1 is the sister of the deceased Mokkan @ Murugesan, who had stated that on 4.8.2009, at about 9.00 a.m., while the deceased was going to his uncle, viz., Nagaraj's house in TVS victor motor cycle bearing Registration No.TN 38 K 8112, the accused 1 to 3 intercepted the deceased in a motor cycle and on seeing them, the deceased started running leaving his motor cycle and the accused 1 to 3 chased him. Hearing the noise, P.W.1, another sister of the deceased (P.W.4), his father (P.W.2) and his mother(P.W.3) also followed them. At that time, the first accused, viz., Murugesan, attacked the deceased on the back of his head with sickle (Aruval) and on receiving the cut injury on the back of the head, the deceased fell on the road. Then, the second accused assaulted the deceased with a knife in his stomach. When P.W.1's father (P.W.2) and mother (P.W.3) tried to prevent accused 1 and 2 from assaulting the deceased, the first accused assaulted P.W.1's mother (P.W.3) with the sickle on her left wrist and the second accused assaulted P.W.1's father(P.W.2) with the knife in the fingers in both his hands. P.W.1's sister(P.W.4) took their parents to the hospital. The deceased Mukkan @ Murugesan died on the spot. P.W.1 had also stated that the third accused also assaulted the deceased with sickle on his back. P.W.1 and her cousin, viz., Arjunan, went to Eriyodu Police Station and lodged Ex.P1 complaint. The sickle (Aruval) used by the first accused was produced as MO1. The sickle (Aruval) used by the third accused was produced as MO2 and the knife used by the second accused was produced as MO3.

(3.) IT is pertinent to note that the names of the deceased as well as the first accused is Murugesan. Accused 1 to 3 were charged under Sections 341, 302 read with 34, 201 and 326 IPC.