GOPU Vs. STATE

JUDGEMENT

(1.) These appeals have been filed by the two accused who were tried by the learned District and Sessions Judge, iruvarur in S.C.No.63/2010 on 14.03.2011 and convicted and sentenced as follows: <FRM>JUDGEMENT_255_LAWS(MAD)9_2014_1.html</FRM>

(2.) It is the case of the prosecution that on 21.10.2009 at 12.30 hrs., Kaliammal @ Parameswari [P.W.1] came to Kottur Police Station and lodged a written complaint alleging that, her husband Selvaraj was fatally attacked by the appellants herein around 10.30 in the morning and that he had succumbed to injuries at the Government Hospital, Mannargudi. This complaint was received by Pitchaiah [P.W.10], the Inspector of Police, who registered a case in Kottur Police Station Cr.No.212/2009 under Section 302 IPC and prepared the printed FIR [Ex.P10], which was received by the jurisdictional Magistrate at 2.00 p.m. on the same day, as could be seen from the endorsement thereon.

(3.) The case of the prosecution rests on the evidence of the two eye witnesses, namely Kaliammal [P.W.1] and Ramesh Kumar [P.W.2]. Kaliammal [P.W.1] in her evidence before the Court stated that, the appellants were known to their family and that the first appellant was living two houses next to her house and the second appellant was also living in the same street about ten houses away. On 20.10.2009 around 9.00 in the night, there was a quarrel between the first appellant's wife Gomathi and Arul, the youngest son of Kaliammal [P.W.1]. In that quarrel, the deceased Selvaraj, who is her husband, intervened and pacified both sides. She further stated in her evidence that, next day around 10.30 in the morning, both the appellants came to her house and asked for her younger son Arul. At that time, her brother-in-law's son Ramesh Kumar [P.W.2] was also there. Her husband and the other son Arul were in the backyard doing some work. Ramesh Kumar [P.W.2] went and fetched the deceased. The deceased questioned the appellant as to why they have come, as everything had been compromised the previous day. At that time, the appellants attacked Selvaraj near the house of Dhanapal, the second son of the deceased, which is little away from her house. She stated that the first appellant attacked her husband on the neck and the second appellant attacked him on his thighs. On hearing her cries, people around gathered and on seeing them, the appellants ran away. The appellants were chased by her sons Arul and Dhanapal. Selvaraj was taken to Government Hospital, Mannargudi, where he was examined by Dr.Kalimuthu [P.W.6], who admitted him as inpatient and within half an hour, he passed away.