POOVAN Vs. STATE

JUDGEMENT

(1.) Accused Nos.1 and 4 in Sessions Case No. 155 of 1986 on the file of the principle Sessions Judge, Tiruchirapalli Division are the appellants herein. Accused No.1 is convicted and sentenced to suffer imprisonment for life for the offence under S. 302 of the Indian Penal Code (hereinafter referred to as IPC) and rigorous imprisonment for three months for the offence punishable under S.323, IPC the sentences to run concurrently. Accused No.4 is convicted and sentenced to suffer rigorous imprisonment for three months for the offence punishable under S. 323, IPC. The 1st accused preferred this appeal challenging the legality and correctness of the conviction under S. 302, IPC read with S. 34 of the IPC and the sentence for imprisonment for life and three months rigorous imprisonment under S. 323, IPC, the 4th accused preferred this appeal challenging the legality and correctness of the conviction under S.323,IPC and the sentences for rigorous imprisonment for three months out of the four accused in S.C. No. 155 of 1986, accused Nos. 2 and 3 are acquitted, and State had preferred no appeal against the order of their acquittal. For the sake of convenience, the appellants herein are referred to as accused.

(2.) The 1st accused was tried for two charges on the allegation that on 28-7-1986 at or about 11.00 A.M. in the pathway proceeding to Thatampatti near the land of the 1st accused in furtherence of common intention did commit murder by intentionally or knowing causing the death of one Veerappa Goundan and by beating him stick on his head, face and right hand and thereby committed on offence punishable under S. 302, IPC read with S. 34, IPC. On the same date, time and place, the 1st accused, in the course of the same transaction, intentionally caused hurt to one Chinnasami by beating him with stick on his left shoulder and thereby committed an offence punishable under S. 323, IPC. The 4th accused was tried for two charges on the allegation that on 28-7-1986 at about 11.00 a.m. in the road proceeding to Thatampatti near the land for the 1st accused, in furtherence of common intention committed the murder by intentionally, or knowingly causing the death of one Veerappa Goundan by hitting him with a stick on his head, face and right hand and thereby committed an offence punishable under S. 302.IPC.read with S. 34, IPC. On the same date, time and place, in the course of the same transaction, the 4th accused voluntarily caused hurt to one Duraisamy by beating him with a stick and thereby committed an offence punishable under S. 323, IPC.

(3.) The case of the Prosecution, as called out from the oral and documentary evidence, which is necessary for disposal of this appeal, can be succinctly stated as under:-