PADMA Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction passed by the learned II Additional Sessions Judge, Madurai in S.C.No.172 of 1995 on 15.11.1996.

(2.) Originally three persons were accused, as per the First Information Report/complaint given by the deceased Baskaran. According to the statement of Baskaran, which was marked as Ex.P9, on 21.10.1993, at about 4.00pm, due to a dispute that arises out of the payment of lease paddy, accused Thangappan stabbed the deceased Baskaran in the presence of his daughter Padma-A1 and his grand son Kakari-A2. According to the complaint, during that quarrel between Thangappan and the deceased, A1 and A2 caught hold of him, Thangappan took knife from his hip and stabbed Baskaran in his stomach and with injury Baskaran got into a lorry and went to the Uthamapalayam Police station and gave a complaint at about 16.30 hours, which was registered as a case in Crime No.453 of 1993 for the offence punishable under Sections 341,324,& 307 IPC. Subsequently Baskaran died and hence the charge was altered to Section 302 IPC.

(3.) According to the prosecution, investigation was conducted and charge sheet was also filed. Before the commencement of trial, Thangappan died and therefore, his daughter Padma and her son Kakari arrayed as A1 and A2. On the side of prosecution, P.Ws.1 to 16 were examined, Exs.P1 to P17 and M.Os.1 to 5 were marked. Trial court after considering the materials on record acquitted them of the charge under Section 302 IPC; but found the accused guilty under Section 304(II) read with Section 34 IPC and sentenced each of them 5 years rigorous imprisonment. The trial court has not imposed any fine on them. Challenging the order of conviction and sentence, the present appeal has been preferred.