PERIASWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused in S.C. No. 161 of 1985 on the file of the First Additional Sessions Judge, Salem, have preferred this appeal challenging the legality and correctness of their conviction under Section 341 I.P.C. and the sentence to pay a fine of Rs. 500/- each in default to undergo simple imprisonment for one week and also the conviction under section 302 I.P.C. read with Section 34 I.P.C. and the sentence to suffer imprisonment for life. The appellants were tried for the above two charges on the allegation that on 18/2/1985 at about 1 A.M. at Karumapuram village, the fourth accused caught hold of the cycle of the deceased Ramu while the first accused beat him with an iron rod and accused 2 and 3 each beat him with a stick and thereupon threw him into a well and as a result of the same he died later in the Government General Hospital, Salem, on 13/4/1985. To substantiate the above two charges, the prosecution examined P. W s. 18, filed Ex. P.1 to 16 and marked M.Os. 1 to 3.

(2.) The case of the prosecution as disclosed from the oral and documentary evidence can be stated briefly as follows: P.W. 2 is the President of Karumapuram Milk Society. He appointed the deceased as tester in the said society. P.W. 6 is the Supervisor and P.W. 7 is the Secretary of the said Society. They along with P.W. 3 Natesan, who is a teacher of that village, were arranging on the night of 17/2/1985 for opening a society in the said village on the next day and were cleaning the room in the Panchayat Office and decorating the same. While they excepts were in the office at about 12 midnight, all the accused came there and demanded P.W. 2 to give them a job in the said society. Even at 10 P.M. P.W. 3 had been to his house in order to take his meal. P.W. 2 replied that already the post was filled up and there was no vacancy. The deceased was also there. The deceased questioned them as to why they came during night time and shouting. Thereupon they went to the house of P.W. 3 in order to put forth their demand with him. While they left the place so saying, the deceased also took his cycle and was proceeding to his house saying that P.W. 3 alone was in his house and the accused may quarrel with him and that he would go and see him. Thereupon, P.Ws. 2, 6 and 7 after bolting the office of the Panchayat Board, were sleeping inside. The accused went to the house of P.W. 3, woke him up and requested him to provide them employment in the said society. He told them that appointments were already made and there is no vacancy. The deceased also come there in his cycle. Thereupon the accused left his house. The deceased also latter on left the house of P.W. 3 saying that he was proceeding to his house.

(3.) The next day morning (18.2.1985) at about 5 AM. P.W. 1 when he was proceeding near the Panchayat School to answer calls of nature heard some noise inside the well north of the Panachyat Road. There upon he raised a hue and cry. On hearing her noise. P.Ws 4, and 5, followed by P.Ws. 2 and 6, came there. They found that the deceased was inside the well and he was raising noise. Thereupon P.Ws. 4 and 5 lifted him from the well and carried him to the Panchayat School. A taxi was brought. In the meantime, according to the prosecution, the deceased told the persons who were present there that the accused be at him with iron rod and stick and pushed him inside the well.