KESAVALU NAIDU Vs. STATE

JUDGEMENT

(1.) Accused 1 to 4 in S.C.67/1996 on the file of Additional Sessions Judge (Incharge of Principal Sessions Judge), Villupuram are the Appellants. By the Judgment dated 05.03.1997, the learned Sessions Judge has convicted A1 to A4 for various offences and sentencing them to undergo imprisonment.

(2.) Gist of charges framed against the accused and the findings of the trial court and the sentence imposed upon them is as under:- Charge Gist of the charge Against which accused Finding of Trial Court Sentence 1 U/s.323 IPC For causing simple injuries to deceased Perumal Gounder A1, A3 and A4 Found guilty. Sentenced to Rigorous Imprisonment for one month. 2 U/s. 302 IPC Causing he murder of Perumal Gounder A2 Found not guilty u/s.302 IPC but found guilty u/s.304 (II) IPC. Sentenced to Rigorous Imprisonment for seven years. 3 U/s. 302 r/w 34 IPC Sharing the common inten-tion in causing the murder of Perumal Gounder A1, A3 and A4 Found not guilty u/s.302 r/w 34 IPC but found guilty u/s.304 II IPC. Sentenced to Rigorous Imprisonment for seven years.

(3.) Common facts on which the Prosecution case proceeds could briefly be stated thus: Deceased Perumal Gounder and Prosecution witnesses are related as under: Krishnan Perumal Gound deceased) =Jothi, Poongavanam (daughter) (P.W.2)Subramani (P.W.1)Muthamma (P.W.3)A2 and A3 are sons of A1. A4 is the son-in-law of A1. Prosecution witnesses and the accused are all residents of Konakkalvadi Village and are neighbours.