MUNIAPPAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed by the Ist accused against his conviction and sentence awarded to him by the learned Sessions Judge, Dharmapuri Division at Krishnagiri under S. 304, Part II, IPC and 324, IPC and sentenced to undergo R.I. for 5 years and 1year respectively and both the sentences were ordered to run concurrently.

(2.) The appellant who is A.1 was tried along with 3 others for the offence u/Ss. 147, 148, 302 read with 149 and 324 and 323, IPC on the allegation that the appellant along with two others and the juvenile accused Nagarajan and Annamalai were members of an unlawful assembly and in prosecution of the common object of causing hurt to deceased Perami alias Chinna Pillai and her son Dhanapal A. 1 armed with a deadly weapon crowbar, beat the deceased Perami alias Chinna Pillai on her head and as a result of the same she died later and in the course of the same transaction A1 also beat P. W. 1 with a crowbar on his head and he sustained simple injury. A2 and A3 caused simple hurt to witness Dhanapal P. W. 1 by fisting with hands. In support of the above charges, the prosecution examined P. Ws. 1 to 14 and filed Ex. P. 1to P. 24 and marked Mos. 1 to 11.

(3.) The case of the prosecution as disclosed from the oral and documentary evidence, which are necessary for the disposal of this appeal can be stated as follows:- P. W. 1 and the accused are residents of Kondrampatti. The deceased is the mother of P. W. 1, A. 2 is the maternal uncle of P. W. 1, A.3, is the wife of A.2. A.1, Juvenile Annamalai and Nagarajan are the sons of A2. A2 got two wives and out of them first wife died. P. W. 2 is the son of A.2 through his first wife. A.3 is the second wife of A.2. P.W.2 got divided and they were living separately. P. Ws. 3 and 4 are residents of the same village. About 7 years prior to the occurrence, A.2 demanded money from the deceased, who was the sister of A.2, for purchasing a land. She was not having money at that time and hence she gave jewel weighing about 10 sovereigns as demanded by A.2. When she asked for A.2 to return the said jewel but A.2 did not return the same in spite of many demands. About 10 days prior to the occurrence, there was a panchyat through Oor Gounder Duraiswamy A.2 promised to return the jewels by 1-1-1984 in the said panchayat.