DASAN Vs. STATE

JUDGEMENT

(1.) Accused 1 and 2 in S.C.23/93 on the file of Principal Sessions Judge, Tuticorin are the appellants. Aggrieved over the conviction under Section 304(II) I.P.C by the judgment dated 31.3.97 the appellants have preferred this appeal.

(2.) Charge sheet was originally filed against the Appellants/A1 and A2 and A3-Malar, daughter of A1. A separate Charge Sheet was filed against the Juvenile accused Arul. Case against the Juvenile accused Arul in S.C.24/93 ended in acquittal. In this case the details of the charges framed and the findings of the trial court are as under: Charge Gist of offence Against which accused Finding 1 u/s 302 I.P.C committing murder of Kannadasan A1 & A2 Found not guilty under Section 302 I.P.C; A1 & A2 convicted u/s.304(II)I.P.C. Each sentenced to undergo R.I for 7 years 2 u/s 302 I.P.C r/w 34 I.P.C sharing the common intention with A1 & A2 for committing murder of Kannadasan A3 Found not guilty. A3 acquitted

(3.) Case of the prosecution could briefly be stated thus: Motive: On 21.10.90-6.15 p.m pigs reared by A1 entered the house of P.W.1 and damaged the earthern utensils. Deceased came home after work at about 7.15 p.m. P.W.1 told the deceased about the incident. The deceased started to abuse A2. A2 on hearing the same, dared A1 to come out of the house. The deceased went out of the house. P.W.1 followed him with a Hurricane Lamp. A3 abused the deceased and the deceased also abused A3 in retaliation. A3 beat the deceased with a stick on his shoulder and in retaliation deceased beat A3 with his hands. Since the deceased beat A3, the motive developed.