JOTHIBASU Vs. STATE

JUDGEMENT

(1.) A1 to 6, 8 to 11, 14 and 16 are the appellants. A1, A2, a5 and A. 16 were convicted for an offence under section 302 IPC and each were sentenced to undergo life imprisonment. A. 1 to A6, A. 10, A. 11, A. 14 and A. 16 were convicted for the offence under section 148 IPC and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 100/=, in default to undergo two months rigorous imprisonment, A3, A. 11 and A. 14 were also convicted under section 307 IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 1000/=, in default to undergo three months rigorous imprisonment and A4, A6 and 8 to 10 were convicted under section 324 ipc and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 100/=, in default to undergo two months rigorous imprisonment. The other accused namely, A7, A. 12, A. 13, A. 15, A. 17 and A. 18 were acquitted of the charges against them. A. 19 died during trial and so, the proceedings abated against him.

(2.) THE facts leading to the conviction are as follows:- (a) THE accused and the injured witnesses P. Ws. 1 to 3, 8, 9 and the hostile witnesses P. Ws. 4 and 5 belonged to Parappanur Village , lying within the jurisdiction of Velanganni Police Station. Out of whom, A. 1 to a5 are brothers between themselves. All of them originally belonged to communist party. THE accused subsequently became members of D. M. K. party and even on that score, there was grappling between the two groups. Some three months prior to the date of occurrence, there was also dispute between the two groups against the attempted raising of construction by A. 1 in a poramboke land. Since that construction was abutting the route to the Village crematorium, on the complaint of P. Ws. , Tahsildar of the said Taluk intervened and advised not to prevent the route depriving the inmates of the village to have approach to the grave yard. It is against such advice, A. 1 during occurrence, namely, at 09. 30 AM on 08. 11. 1998 was attempting to make construction in Survey No. 140/33 as found in the sketch marked as Ex. P-26 and therefore, P. Ws. 1 to 3, 8 and 9 went there and objected to the raising of construction by A. 1 in the said land. In that process, there was wordy quarrel between A. 1 and the abovesaid P. Ws. and all the accused armed with deadly weapons came out from the adjoining house of Jothibasu (A. 1) and indulged in assaulting and attacking P. Ws. THEy formed themselves into an unlawful assembly and armed with deadly weapons like crowbar, wooden log assaulted upon the P. Ws. A. 1 attacked deceased Gurusamy with crowbar assaulting on the left side of his neck. A2 attacked deceased Gurusamy with wooden log and A. 16 attacked deceased rajendran with crowbar on the back of their head. Similarly, A5 had attacked deceased Rajendran with wooden log on his back of the head. It was at 2. 00 pm on 08. 11. 1998 Ex. P-1 complaint was lodged by P. W. 1, which was received by p. W. 16, Sub Inspector of Police, who was incharge of Velanganni Police Station. He has registered a case in Crime No. 761 of 1998 under sections 147, 148, 342, 323, 324, 307 and 302 IPC and the printed first information report was marked as Ex. P-18. It was at 2. 30 pm, a case in Crime No. 762/1998 was registered under sections 147, 148, 323, 324 based upon the statement of injured Jothibasu (A. 1), from whom such statement was recorded at 1. 00 pm while he was in the government Hospital, Nagapattinam. THE printed first information report of which was marked as Ex. P-19. (b) Chinnasamy (P. W. 19), the Inspector of Police has taken up the investigation on 08. 11. 1998 itself and upon receiving the information that Gurusamy and Rajendran succumbed to the injuries, he held the inquest upon their bodies between 2. 30 and 3. 30 PM and the inquest report of deceased 1 and 2 respectively was marked as Exs. P-23 and P-24. THEreupon, the bodies of deceased were sent for post mortem and some accused were also arrested and they were sent for remand. At 7. 15 pm on the same day (08. 11. 1998), the Inspector has visited the place of occurrence and prepared the observation mahazar Ex. P-2 and sketch marked as Exs. P-26. At 11. 00 PM, on the said night, Rajagopal (A 14) was arrested along with other accused and the voluntary confession statement of Rajagopal was recorded in the presence of the witnesses and the admissible portion of such evidence was marked as Ex. P-4. Based upon that, one crowbar, one wooden log and two Aruvals were recovered by cover of Mahazar at 1. 30 am on 09. 11. 1998. THEn, witnesses including the injured were examined and their statements were recorded. Certificate from tahsildar in respect of the poramboke land, over which A. 1 attempted to build a house was obtained. Similarly, upon enquiry in Crime No. 762 of 1998, as it was found of mistake of fact, it was referred on 08. 11. 1998. That report was marked as Ex. P-30. Besides above factors, the Inspector has also recorded the statement of post mortem doctors and other witnesses. After completing investigation, P. W. 19 filed the charge sheet against the accused for the offences referred to above. (c) During the course of trial, on the side of prosecution, P. Ws. 1 to 19 were examined; Exs. P-1 to P-30 were filed and M. Os. 1 to 14 were marked. (d) When questioned under Section 313 Cr. P. C. , all the accused denied their complicity in the crime in question. On the side of defence, no witness was examined. (e) THE trial Court, on analysis of the materials available on record, convicted and sentenced the accused as already stated above. Challenging the same, the appellants have filed the appeal.

(3.) P. W. 3 deposed that he was attacked with Aruval by A4 on his right shoulder; with Aruval by A6 on his left wrist; and that A. 17 attacked him with stick on his back. Among the corresponding injuries found, the overt act of A4 and A6 are found under Ex. P-20 which are as follows: (1) An incised wound 2" x 1" x present over the outer aspect of left forearm near the left wrist, bleeding. (2) An incised wound of 1" x " x " present over the top of the right shoulder.