MARIAPPAN Vs. STATE

JUDGEMENT

(1.) APPELLANTS are accused No. 1 to 2 in S.C. No. 261 of 1996 on the file of II Additional Sessions Judge, Salem. By the Judgment dated: 2001 .1998, the learned Sessions Judge has convicted the APPELLANTS / Accused 1 and 2 under S. 325 r/w 34 I.P.C. and sentenced them to undergo Rigorous Imprisonment for a period of Three Years each and to pay a fine of R. 500/- each in default to undergo Simple Imprisonment for three months. A.3 had been acquitted by the trial Court. The APPELLANTS / A.1 and A.2 were also acquitted of the Charges framed against them under S. 302 r/w 34 I.P.C.

(2.) CASE of prosecution could briefly be stated thus:- Deceased Arumugham is the younger brother of A.1 Mariappan. A.2 Govindaraj alias Venkatachalam is the son of A.1 A.3 - Thoppili is the wife of A.2. Between the brothers, there has been long standing enmity on account of the pathway dispute. On 06.08.1995, 7.00 p. m., A.1 was sowing Cotton seeds in his field. At that time, deceased Arumugham questioned him stating that he was doing the sowing by cutting of [(script in vernacular)bghHp - bghJ tugg] causing prejudice to him to the enjoyment of Common Pathway. At that time, A.1 and A.2 beat Arumugham on his Cheek and pushed him down. A.3 is alleged to have sat on Arumugham stuffing mud into his mouth. Then A.1 and A.2 beat him all over the body of Arumugham. A.2 squeezed the testicles of Arumugham. On seeing her husband being attacked, P.W.1 Kannupillai raised alarm. P.W.2 Govindaraj came there and witnessed the occurrence. When P.W.2 came there, he found A.1 sitting on the deceased and putting mud in the mouth. When P.W.2 interfered, all the accused had run away.

(3.) ON the basis of Ex.P.6-Death Intimation, P.W.15-Sub Inspector of Police altered the First Information Report into S.302 I.P.C. under Ex.P.11-Express Report. P.W.16-Inspector of Police had taken up the investigation. Scene of occurrence-field of one Govindan was inspected in the presence of P.W.4-Venkatachalam and one Palaniyandi. Ex.P.2-Observation Mahazar and Ex.P.12 - Rough Plan were prepared on the scene of occurrence. P.W.16-I.O. examined the witnesses in the presence of Panchayatdars and held inquest on the body of deceased Arumugham. Ex.P.13 is the Inquest Report. After inquest, the body was sent to Autopsy.