CHINNASAMY Vs. STATE

JUDGEMENT

(1.) Appellant Chinnasamy was the first accused in S.C. No. 103 of 1985 on the file of learned Sessions Judge, Tiruchirapalli. He along with five others stood charged before the trial Court as under on the allegation that at about 7.00p.m. on 21-1-l985 in front of the house of deceased Kauthan Muthuraja at Ettarai village all of them formed themselves into an unlawful assembly and committed rioting, that during the course of the said rioting and in prosecution of the common object of such assembly, Al committed the murder of the said Kanthan Muthuraja by cutting him with an aruval on his head and other parts of the body and that all of them trespassed into the house of the said Kantham Muthuraja and that they committed mischief by destroying the articles in the said house. Charge No. Section Accused 1 147 IPC A2 to A6 2 148 IPC A1 3 302 IPC A1 4 302 read with Section 149 A2 to A6 5 448 IPC A1 to A6 6 436 IPC Al to A6 After trial learned Sessions Judge found the first accused alone guilty under Sec. 302, I.P.C. convicted and sentenced him to imprisonment for life. He acquitted first accused of charge Nos. 2, 5 and 6 and accused 2 to 6 of all the charges.

(2.) The prosecution examined 13 witnesses, filed 20 Exhibits and marked 20 M.Os. of the witnesses examined P.W. 6 Periasamy turned hostile. These facts emerge from the evidence adduced. P.W. 1 Shanmugam and P.W. 2 Dhanapalan are the sons of deceased Kanthan Muthuraja. P.W. 3 Sembayee is the wife of the deceased. The daughter of first accused Chinnasamy is married to one Subramanian, another son of deceased and P.W. 3 accused No. 2 Thulasiammal is the mother of first accused Chinnasamy. Third accused Sundarrajan is the brother-in-law of first accused Chinnasamy. Accused 4 to 6 are the relatives of first accused.

(3.) Five months prior to the occurrence Subramanian got separated from the family of his deceased father. Kanthan Muthuraja obtained a release deed from Subramanian for this purpose. Four days prior to the occurrence Kanthan Muthuraja sold a pumpset to P.W. 5 Subramanian. On 21-1-1985, Monday at about 4.00 p.m. Subramanian met his father who was standing on the road south of his house and asked him to give his share in the sale proceeds of the pumpset. Kanthan Muthuraja replied that since he had already become divided he was not entitled to a share in the pumpset. There was wordy altercation between the two. Since P.W.1 sensed that it might lead to exchange of blows between father and son, he immediately brought Kanthan Muthuraja to the house. Some time later Kanthan Muthuraja left for the garden. On return he told P.W.1 Shanmugam that second accused Thulasiammal beat him with broom stick and so he retaliated by beating her with bamboo stick.