BOOMAN Vs. STATE

JUDGEMENT

(1.) APPELLANTS are brothers. They were A-1 to A-3 in S.C.No.74 of 1986, on the file of the Court of Sessions Anna District, Dindugal. First appellant was charged under Sec.302, I.P.C., simpliciter for having caused the death of deceased Pethakilavan by throwing a stone on his head at or about 9.30 p.m. on 8.12.1985 at Cukkarakkal Odai. A-2 and A-3 were charged for murder with the aid of Sec.34, Indian Penal Code for having held the fallen down deceased to facilitate commission of murder by A-1. All the appellants were convicted on the basis of the charges framed against them and each one of them was sentenced to undergo imprisonment for life.

(2.) APPELLANTS as well as the deceased were residents of Kalathupatti Village. First appellant and Pethakilavan were adjacent land owners and there was ridge dispute between them. There was animosity between them on other grounds as well. In 1981, Pethakilavan cut the first appellant and he was prosecuted. Further mother of Pethakilavan preferred a complaint against first appellant at or about the same time alleging that he and others had set fire to her house. However, the complaint of mother of the deceased, was referred "as mistake of fact". Due to existence of case and counter, there was bitter animosity between the deceased and the first appellant. Ten days prior to occurrence, there was a wordy altercation between Pethakilavan and first appellant in respect of trespass of latter's cattle into the former's field. In this background, the impugned occurrence had taken place. On 8.12.1985 at or about 4 p.m. (occurrence evening) P.W.1. Adaikkan who is the younger brother of the deceased in the company of the deceased, went over to Natham Shandy. After buying some vegetables, certain grocery items and pesticides, they boarded a bus at Natham at 8 p.m. They arrived at Kannimarpuram bus stand around 9 p.m. and were proceeding towards their village through Cukkarakkal Odai. On either side of the Odai, there are hills called Murungakuttu Hills. Deceased was walking ahead of P.W.1. carrying a gunny bag on his head. P.W.1 was flashing a torch light from behind. Suddenly P.W.1, heard the command of the appellants, calling out Pethakilavan to stop. Almost simultaneously appellants 2 and 3 sprang upon the deceased, pushed him down and pressed him on the ground. First appellant then picked up a big stone available at that place and threw it on the face and head of the deceased. P.W.1., who was in distress, raised an alarm. Fearing that in the secluded place, he may also be beaten, he rushed to his village. He informed, of this occurrence, to his parents and P.W.2, Chinnammal, wife of the deceased. He returned to the scene of occurrence in their company. They found Pethakilavan dead. His legs were tied with Oonankodi. P.W.1. was unable to set the law in motion immediately, since during night time, bus service to Natham was not available. P.W.1 waited at the venue of crime till dawn, in the company of others, before he chose to proceed to Natham Police Station by the earliest bus. He preferred Ex.P-1 complaint to P.W.11 Pechimuthu, then Sub Inspector of Police, Ex.P-1 was scribed to the dictation of P.W.1.. On Ex.P-1 Crime No347 of 1985 was registered under Sec.302, Indian Penal Code, at or about 8 a.m. on 9.12.1985. Ex.P-10 is the express printed first information report. P.W.11 despatched Exs.P-1 and P-10 to the concerned Magistrate through Police Constable Sadayandi, who was examined as court witness by us on 27.7.1993, during the course of hearing of this appeal. P.W.11 forwarded copies of Ex.P-10 to his superior officers.

(3.) P.W.9 Dr. Muthuswami commenced autospy on the dead body at 6.30a.m.on l0.12.1985.Hefound the following external injuries: