PALANI Vs. STATE

JUDGEMENT

(1.) APPELLANTS are the Accused in S. C. No. 123 of 1997 on the file of Principal Sessions Judge, Nagappattinam. By the Judgment (dated 07. 01. 1998), the Principal Sessions Judge, Nagappattinam has convicted the Appellants / Accused under Sec. 304 (II) I. P. C and sentenced them to undergo Rigorous Imprisonment for a period of seven years and to pay a fine of Rs. 15,000/- each and in default, to undergo Rigorous Imprisonment for a further period of two years. The fine amount of Rs. 30,000/- collected from the Accused was ordered to be paid as compensation to P. W. 1-Vasanthi.

(2.) CASE of Prosecution could be stated thus: P. W. 1-Vasanthi, P. W. 2-Muniyandi-Father of P. W. 1, Deceased-Ramalingam - Husband of P. W. 1 were living at Annappanpettai. They are having wet lands at Tirunagari, which is at a distance of about 4 K. M. from Annappanpettai. The Accused belonged to Tirunagari village. On 27. 03. 1997 at about 12. 00 Noon, P. Ws. 1 and 2 and the Deceased-Ramalingam went to Tirunagari village to irrigate their lands. P. W. 2 saw four Cattle grazing the field where blackgram had been cultivated. He asked the Deceased Ramalingam to drive away the Cattle and he had driven away the Cattle from the field. On seeing the same, the Accused came there, questioning the Deceased about the beating and driving away of the Cattle. The Accused started beating the Deceased indiscriminately on his Head with Hands. When the Deceased had fallen down, both the Accused had trampled on his Neck, Chest and all over the body with Legs. On seeing the attack on Ramalingam, P. Ws. 1 and 2-Wife and Father-in-law of Deceased, P. W. 3-Vellaiya Thevar and P. W. 4-Natarajan ran to the place of occurrence. On seeing them, the Accused had run away.

(3.) BLOOD was found oozing from the Left Ear and the Nose of the Deceased-Ramalingam. He was unable to talk. P. Ws. 1 and 2 carried the Deceased to the field of one Kaliyamoorthy, where the Deceased died after developing some convulsions. After leaving P. W. 2 near the body, P. W. 1-Vasanthi went to Annappanpettai and informed her mother and villagers about the occurrence and the death of her Husband-Ramalingam. The villagers came to the place field of Kaliyamoorthy where the body was lying.