PANDIYAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) A-1 and A-5 to A-7 in S. C. No. 146/97 are the appellants in the above appeal. They were tried along with five other accused before the learned Sessions Judge, Chengalpattu. In this judgment, for the sake of convenience, the appellants as well as the five other accused will be referred as A-1 to A-9 in the same order as they were arrayed before the learned Sessions Judge.

(2.) A-1 to A-9 were charged under Section 148 IPC under charge No. 1 and A-1 to A-4 and A-5 to A-9 were charged under Section 302 IPC under charge Nos. 2 and 3 for causing the death of Kannan (D-1) and Dilliraj (D-2) respectively. The allegation against them in the said charges is that at 10. 30 p. m. on 31. 3. 96, A-1 to A-9 formed themselves into an unlawful assembly with the common object of murdering Kannan (D-1) and Dilliraj (D-2) and in furtherance of the said common object, A-1 to A-4 attacked Kannan (D-1) with patta knives and caused his death and that A-5 to A-9 attacked Dilliraj (D-2) and caused injuries, which lead to their death. The learned trial Judge, while finding A-1 to A-9 guilty under Section 148 IPC, sentenced each one of them to imprisonment for life, and A-1 to A-4, though were charged under Section 302 for causing the death of D-1, A-2 to A-4 were acquitted by the learned sessions Judge, but A-1 alone was found guilty under the said charge for which he was sentenced to imprisonment for life. Similarly, A-5 to A-9, though were charged under Section 302 IPC for causing the death of D-2, Dilliraj, the trial Judge convicted only A-5 to A-7 under the said charge and sentenced each one of them to imprisonment for life. A-1 and A-5 to A-7 have preferred the above appeal though the other accused, who have been acquitted of the charge under Section 302 did not choose to prefer an appeal against their conviction and sentence imposed upon them under Section 148 IPC.

(3.) THE case of the prosecution could be briefly summarised as follows :-D-1 and D-2 are brothers. P. W. 1 is the younger brother of D-1 and D-2. P. W. 2 is a relative of P. W. 1 as well as D-1 and D-2. P. W. 10 is the wife of D-2. A-1 to A-9 and the witnesses were residing at Ambedkar Nagar, Tiruvotriyur. P. W. 1 was running a fancy store in the main road at Ambedkar Nagar. About two days prior to the date of occurrence A-1 and A-2 went to the fancy shop run by P. W. 1 and picked up a quarrel. A complaint was given at the police station and both the accused were arrested. Later, on 29. 3. 96 A-1 and the other accused went to the shop of P. W. 1 and created a scene by picking up quarrel with P. W. 1. P. W. s 6 and 7 intervened and asked them not to behave in an unruly manner. The accused left the scene of occurrence after threatening that they will take care of P. W. 1 and his brothers. This is said to be the motive for the occurrence, which took place at 10. 30 p. m. on 31. 3. 96.