RAMASAMY PITTER ALIAS RAMASAMYALIAS Vs. STATE

JUDGEMENT

(1.) Accused 1 to 5 in S.C.No.10 of 1997 on the file of Sessions Court, Erode are the Appellants. By the judgment dated 03.04.1997, Appellants / Accused were convicted for various offences. Aggrieved over the conviction, Appellants/ Accused 1 to 5 have preferred this appeal.

(2.) Case of the prosecution could briefly be stated thus:- Prior Occurrence. P.W.1 - Sendan is the resident of Motorpalayam and belongs to Schedule Caste Community. He was employed in the field of one Mani, husband of Sumathi. The said Sumathi and P.W.6 - Chinnathangam are the daughters of A.4 - Sukkuru @ Subramaniam. P.W.6 is said to have developed love and friendship with one Palanichamy of Mylampalayam. On 29.07.1996 - 8.00 a.m., P.W.1 went to 'Kunnathur Santhai' and to return back to his Village, he was standing near Velampalayam Bus Stop. At that time, P.W.6 - Chinnathangam standing in the bus stop, called P.W.1 and sought his help to take her to Palla Goundampalayam. P.W.3 - Selvan and P.W.4- Rangan were also standing there. At that time, there was no bus to Palla Goundampalayam. P.Ws.1 and 3 had taken P.W.6 and made her to stay in the house of Sister of P.W.3 - Selvan. Thereafter, P.Ws.3 and 4 we nt to Ganapathipalayam to inform the same to the parents of P.W.6 (A.4 - Sukkuru @ Subramaniam)

(3.) Occurrence - 30.07.1996 - 9.00 a.m. A.4 and others found P.W.6 missing. They have questioned P.Ws.3 and 4 about the whereabouts of P.W.6. Thereafter, A.1 to 5 went in search of P.W.6. In a Car, P.W.1 was taken to Uppugoundan Thottam i palayam. Calling him by his Caste and stating " .... ft[z;lg; g[s;isia Tl;og; nghFk; mst[ f;F cdf;F jpkpuhfptpl;ljh > " , A.1 to A.5 surrounded P.W.1 and attacked him as stated below:- A.1 - Ramasamy -------------- : on the chest and abdomen. Kicked A.2 - Pitter ------------ : left shoulder M.O.2 - Spade handle A.3 - Periarasu --------------- : on the back side Cycle Chain A.4 - Sukkuru ------------- : on the back side. M.O.2- Clutch wire. A.5 - Sumathi ------------- : on the left leg and Crowbar left shoulder. The occurrence was witnessed by P.W.5 (Perumal) - brother of P.W.1 and Kaliappan - father of P.W.1. According to P.W.1, he was afraid of the Accused and he did not immediately go to the Hospital or to the Police Station to give complaint.