SUNDARAM NAIDU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ACCUSED 1 and 2 in S. C. 69/95 on the file of Additional District Judge are the appellants. Appellants/accused were convicted for the offences punishable under Section 304 (II) and 201 I. P. C and under Sections 39, 40 and 44 (d) of the Indian Electricity Act and sentencing them to imprisonment and imposing fine.

(2.) CASE of prosecution could briefly stated thus: deceased and prosecution witnesses belong to Schedule Caste and are related as under: <FRM>JUDGEMENT_843_TLMAD0_2004Html1.htm</FRM> A2 is the son of A1 and they belong to Naidu Community. On the western side of land of A1-Sundaram the deceased and his family own five acres of land in Kammapalayam Village. During October 1994 family of the deceased have raised groundnut crops in their field. Deceased and their family are to proceed only through Varappu of A1, much to their disliking.

(3.) DECEASED Mohan was a Social Worker and a member of READ and was said to be working for the upliftment of Schedule Caste people. On 29. 10. 94 P. W. 9-Babu and deceased Mohan proceeded through the lands of A1. At that time A1 has scolded that despite warning they are proceeding so in their lands and further scolded. . . (Vernacular Portion Omitted ). . . P. W. 9 and deceased Mohan did not bother about the same and thought that it is the usual scolding of A1.