MARIYA SELVAM Vs. STATE

JUDGEMENT

(1.) APPELLANTS are Accused 1 to 4 in S. C. No. 176 of 1996 on the file of Sessions Court, Cuddalore. By the Judgment dated 11. 02. 1998, learned Principal Sessions Judge, Cuddalore has convicted the Appellants / A-1 under Sec. 352 and 304 (II) I. P. C ; A-2 and A-3 under Sec. 324 r/w 109 I. P. C and A-4 under Sec. 324 I. P. C and sentenced A-1 to undergo Rigorous Imprisonment for Three months for the offence under Sec. 352 I. P. C and Three years Rigorous Imprisonment for the offence under Sec. 304 (II) I. P. C; A-2 and A-3 to undergo Rigorous Imprisonment for two years each for the offence under Sec. 324 r/w 109 I. P. C; and A-4 to undergo Rigorous Imprisonment for two years under Sec. 324 I. P. C.

(2.) ACCUSED and Deceased are the Residents of Aranthangi. P. W. 1-Susairaj, P. W. 3-Selvaraj are the Sons and P. W. 6-Adaikalamary is the Wife of Deceased Lourdusamy. They are neighbours of A-1-Mariyaselvam. A-4-Vanathiyan is Brother of A-1. A-2-Mottaiyan is the Son of A-4. A-3-Joseph is the Brother-in-law of A-1. There was dispute between A-1 and P. W. 1 regarding fence. On 01. 03. 1996, at about 01. 00 p. m. , when P. Ws. 3 and 4 were in their house, Gloria Mary-Wife of A-1 came there along with Rosemary complaining that P. W. 1-Susairaj had committed rape on her Daughter. P. W. 6-Mother of P. W. 1 replied that she would enquire her son about the same.

(3.) ON 01. 03. 1996 at about 02. 30 p. m, P. W. 1 and his Father Lourdusamy came to their house. When they were entering the house, A-1 came there. Questioning P. W. 1 about his conduct in committing rape on her minor Daughter, A-1 assaulted P. W. 1, which resulted in wordy quarrel between Gloria Mary and P. W. 2. On hearing their noise, A-2 to A-4 came there. A-2 and A-3 caught hold of Lourdsamy; A-1 beat him on the Left Side of the Head with Stick. A-4 also beat him on the Left Side of his Head with Stick. Lourdsamy fell down and the Accused ran away.