MARIAPPAN Vs. STATE

JUDGEMENT

(1.) APPELLANTS are accused No. 1 to 2 in S. C. No. 261 of 1996 on the file of II Additional Sessions Judge, Salem. By the Judgment dated: 20. 01. 1998, the learned Sessions Judge has convicted the Appellants / Accused 1 and 2 under S. 325 r/w 34 I. P. C. and sentenced them to undergo Rigorous Imprisonment for a period of Three Years each and to pay a fine of R. 500/- each; in default to undergo Simple Imprisonment for three months. A. 3 had been acquitted by the trial Court. The Appellants / A. 1 and A. 2 were also acquitted of the Charges framed against them under S. 302 r/w 34 I. P. C.

(2.) CASE of prosecution could briefly be stated thus:-Deceased Arumugham is the younger brother of A. 1 Mariappan. A. 2 Govindaraj alias Venkatachalam is the son of A. 1; A. 3 - Thoppili is the wife of A. 2. Between the brothers, there has been long standing enmity on account of the pathway dispute. On 06. 08. 1995 7. 00 p. m. , A. 1 was sowing Cotton seeds in his field. At that time, deceased Arumugham questioned him stating that he was doing the sowing by cutting of bghhp - bghj tug;g[. causing prejudice to him to the enjoyment of Common Pathway. At that time, A. 1 and A. 2 beat Arumugham on his Cheek and pushed him down. A. 3 is alleged to have sat on Arumugham stuffing mud into his mouth. Then A. 1 and A. 2 beat him all over the body of Arumugham. A. 2 squeezed the testicles of Arumugham. On seeing her husband being attacked, P. W. 1 Kannupillai raised alarm. P. W. 2 Govindaraj came there and witnessed the occurrence. When P. W. 2 came there, he found A. 1 sitting on the deceased and putting mud in the mouth. When P. W. 2 interfered, all the accused had run away.

(3.) P. W. 3 Palanichamy Son of Arumugham had learnt about the occurrence. He had taken his father to P. W. 8 Dr. Ilangovan. P. W. 8 gave First Aid treatment to injured Arumugham and referred him to Government Hospital, Jalakandapuram.