KARUPPASAMI MUNIASAMI ACCUSED 1 AND 2 Vs. STATE

JUDGEMENT

(1.) Accused 1 and 2 in S.C.No.98 of 1993 on the file of Principal Sessions Court, Tuticorin are the Appellants. By the judgment dated 02.04.1997, the Sessions Court has convicted A.1 under Sec.304 (II) I.P.C. and A.2 under Sec.304 (ii) I.P.C. r/w Sec.109 I.P.C. and sentenced them to undergo Rigorous Imprisonment for a period of eight years each.

(2.) The Accused and Prosecution Witnesses 1 to 3 are related as noted below:- Chandramathi (P.W.1) Parvathy (1st wife) =Guruvammal (2nd wife) Raju (Son)(deceased) Madasamy (Son) Muthammal (P.W.2) daughter of Mariammal (P.W.3) P.W.1 wife of P.W.2. Karuppasamy (A.1) Kaliammal Kaliammal is the sister of Shanmugam (deceased Accused), who married A.1 - Karuppasamy. A.2 Muniasamy is the brother of Shanmugam.

(3.) The case of the prosecution could briefly be stated thus:- Occurrence. P.W.1 (Chandramathy), P.W.2 (Madasamy), P.W.3 ( Mariammal) and deceased Raju are residents of Kadalaiyur. The family of P. Ws.1 to 3 and Raju are engaged in preparing 'Artificial Hair'. About three days prior to the occurrence (12.05.199 1), family of P.Ws.1 to 3 and the deceased Raju went to Chemmaputhur in connection with their business. In Chemmaputhur, they stayed in Nadar Samuthaya Mandapam, in front of Panchayat Board Office. A.2 - Muniasamy and deceased Accused Shanmugam also stayed with them.