RAVI Vs. STATE

JUDGEMENT

(1.) THE appellants, five in number, have preferred the above appeal against the conviction and sentence imposed upon them by the learned Principal Sessions Judge, Vellore, in S. C. No. 43 of 2002. The appellants 1 to 3 were charged and convicted under Section 148 IPC. , while appellants 4 and 5 were charged and convicted under Section 147 IPC. On being convicted under Section 148 IPC. , appellants 1 to 3 were each sentenced to six months rigorous imprisonment and appellants 4 and 5 were each sentenced to pay a fine of Rs. 1,000/- with a default sentence of six months rigorous imprisonment. On being charged and convicted under Section 341 IPC. , appellants 1 and 2 each were sentenced to one month rigorous imprisonment, while appellants 3 to 5 were directed to pay a fine of Rs. 500/- with a default sentence of one month rigorous imprisonment. The appellants 1 to 3 were also charged under Section 302 IPC. The learned trial Judge, while acquitting the third appellant, convicted appellants 1 and 2 for the said offence and sentenced each one of them to imprisonment for life. Appellant No. 4, who was charged and convicted under Section 302 read with 149 IPC. , was also acquitted, but he was convicted under Section 323 IPC. for causing simple injury to the deceased Krishnan and on being convicted, appellant No. 4 was sentenced to pay a fine of Rs. 750/- with a default sentence of three months rigorous imprisonment. The appellants challenge their conviction and sentence in this appeal.

(2.) THE case of the prosecution is as follows:-The first appellant is the younger brother of P. W. 3's husband. The second appellant is the son of the fourth appellant. The third appellant is the elder brother of the fifth appellant. Appellants 4 and 5 are co-brothers. The deceased, P. W. 1, husband of the fifth appellant are brothers and P. W. 3 is their sister. P. W. 1 is the uncle of P. W. 2. They were all residing at Veeramuthur village. A week prior to the date of incident, P. W. 2 purchased an acre of land from one Dayalan and to irrigate the said land, P. W. 3 went there and she was accompanied by Loganathan, her husband, and her son, P. W. 2. Radha, daughter of P. W. 3, informed P. W. 1 that her mother, P. W. 3, was beaten and cut by appellants 1, 2 and Munusamy. She informed that P. W. 3 had been taken to Government Hospital, Sholinger. The deceased went to the hospital and on being informed that P. W. 3 had been taken to the Government Hospital, Vellore, he went there. Thereafter, the witnesses returned to their houses. In respect of the incident, Loganathan, the husband of P. W. 3, gave a complaint at the police station. The police filed a case against Munusamy, Narasimhan, Sekar and others. They were sent to Jail. The second appellant and the first appellant absconded. The first appellant gave a complaint against the deceased and the said complaint is Ex. P-15. On account of this, there was no love-lost between the families of the appellant and the deceased. Both criminal cases were pending on the relevant date.

(3.) ON the mid night of 12/13. 5. 2001, P. W. 1 was irrigating the lands and appellants 1 to 5 went there. The first appellant questioned P. W. 1 as to the whereabouts of the deceased Krishnan. P. W. 1 informed him that he has gone out for his work. The first appellant threatened him, that unless he tells him the truth, he will be cut. P. W. 1 informed the first appellant that the deceased will return in a shortwhile. Appellants 1 to 5 went towards north. Thereafter, P. W. 1 left the place immediately leaving the spade there itself, brought P. Ws. 2 and 3, and followed the first appellant. At that time, the deceased was seen coming in the opposite direction in a motor cycle. The first appellant, with a knife, which he had in his hand, cut him on the head as well as on the forehead. He also cut the deceased on the shoulder. The deceased stopped his motor-cycle and the second appellant stabbed him repeatedly on the neck. The deceased attempted to run from the place chased by the third appellant, who stopped him from back. The first appellant cut him on both his hands followed by the second appellant, who stabbed him. The deceased requested the appellants not to cut him, but the fourth appellant beat him with a stick on his left hand and the fifth appellant instigated the fourth appellant not to leave him. On seeing P. W. 1, the appellants rushed towards him and therefore, P. W. 1 went and hide himself in a sugarcane field. There was sufficient light and the occurrence was witnessed by P. W. 1 as well as by P. Ws. 2 and 3. All the three were hiding themselves in the sugarcane field and at 6. 00 a. m. went to the police station at Kondapalayam, where an oral complaint was given to P. W. 12, the Sub Inspector of Police, at 6. 30 a. m. The same was reduced into writing. The said statement is Ex. P-1. On the complaint, Ex. P-1, a case in Crime No. 118 of 2001 was registered against the appellants under Section 302 IPC. and the printed first information report is Ex. P-14. The investigation in the crime was, thereafter, taken up by P. W. 13, Circle Inspector of Police, Sholinghur.