PERUMAL Vs. STATE

JUDGEMENT

(1.) APPELLANTS are the Accused 1 to 3 on the file of Additional District Sessions Judge cum Chief Judicial Magistrate, Vellore. By the Judgment dated 21. 04. 1998, learned Additional District Sessions Judge-cum-Chief Judicial Magistrate, Vellore convicted the Appellants / Accused 1 to 3 under Sec. 304 (II) and 342 I. P. C and sentenced them to undergo Rigorous Imprisonment for a period of Five Years for the Conviction under Sec. 304 (II) I. P. C. For the offence under Sec. 342 I. P. C, no separate sentence was imposed.

(2.) A-1-PERUMAL is the Son of A-2-Kannian and A-3- Pachaiyammal. P. W. 1-Manjula is the Daughter of the Deceased; P. W. 2-Periyapaiyan @ Perumal is the Father of Deceased-Seenu and P. W. 7-Chakravarthy is his Elder Brother. The Accused and Prosecution Witnesses are related to each other and are Residents of Kunnathur.

(3.) ON the early morning of 28. 01. 1996 05. 00 a. m, P. W. 1 heard noise from near the house of her Grandfather-P. W. 2. P. W. 1 went to the place and found A-1 and A-2 dragging the Deceased from the house of A-2 and leaving him at the outside. P. W. 2 questioned his Son as to the happenings. The Deceased-Seenu told him that he had innocently entered into the house of the Second Accused. Thereafter, A-1 and A-2 tided the Deceased in the Lamp Post with M. O. 1-Coir Rope. A-2 held the Deceased and pushed his Head against the Lamp Post. A-1 and A-3 fisted him with hands on his Chest. When P. W. 1 questioned, the Accused 1 and 2 told P. W. 1 that the Deceased had misbehaved with the Wife of A-1 by putting his hands on her Neck. P. W. 4-Selladurai and other villagers gathered there. P. W. 2 removed the Rope and released the Deceased. Regarding the occurrence, a Panchayat was convened in the village and both the parties were suitably advised. To that effect, Ex. P. 2-Resolution was prepared and signed by Deceased-Seenu and others. The Deceased was taken to his house. P. W. 1 was working as Staff Nurse attended to her work and returned back in the evening to the house. She found the Deceased in discomfort. The Deceased complained to her about the pain in the Chest and feeling giddiness.