DAMODHARAN Vs. STATE

JUDGEMENT

(1.) Accused 1 and 2 in S.C.243/1995 on the file of I Additional Sessions Judge, Tiruchirapalli are the Appellants. By the Judgment dated 08.10.1996, the trial court has convicted the Appellants / accused 1 and 2 under Section 304(I) read with S.34 IPC and sentencing them to undergo Rigorous Imprisonment for seven years each and also imposing fine of Rs.5,000/= each. Out of the fine amount, Rs.5,000/= was awarded as compensation to P.W.1 - Thoppuli @ Uma.

(2.) Deceased Sundar is the husband of P.W.1. Accused 1 and 2 are the brothers and are sons of Vasantha. Both accused and the deceased are all residents of Trichy Railway Colony, Bells Ground Slum Area.

(3.) Motive and prior occurrence: Sometime prior to the occurrence, brother of accused had taken the sons of P.W.1 and deceased to Kumbakonam and engaged them in a hotel cleaning work. Since then, the family of deceased had developed resentment towards the family of the accused. There is a well adjacent to the house of the deceased. On 02.05.1994 Vasantha - mother of the accused came to the house of P.W.1/deceased to fetch water from the well. At that time, the deceased questioned the conduct of her son in taking their children to Kumbakonam and employing them for cleaning work in the hotel. Such questioning of the deceased resulted in wordy altercation. At that time, deceased Sundar had beaten Vasantha and pushed her down. Vasantha left saying that he would inform the same to her sons.