CHINNADURAI Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the conviction and sentence passed by the trial Court in S.C.No.96 of 2017, dtd.13/12/2019.

(2.) On 29/10/2016 at about 03.00 p.m. in the wine shop at Killukottai Village, the first accused Chinnadurai and the deceased Karthikeyan had a quarrel. The deceased called his friend Arunkumar (P.W.1) over phone and informed him about the quarrel. P.W.1 along with his other friends Veeramani (P.W.2), Ajeethkumar (P.W.3) and Aravind (not examined) all belong to Sengalur Village, came to the wine shop and questioned A1 why he attacked Karthikeyan. On seeing this, Periyarasu (A2), Krishnamorthi @ Moorthi (A3) and Kandavel (A4) all relatives of A1 and residents of Killukottai Village came in support of A1. Thus, the wordy quarrel soon turned into a fist fight. On realising the fight turning to worst, the elders nearby advised them not to fight on the Deepavali day and told them to disperse. When P.W.1 and others left the place, A1 threatened them how dare they come to his Village and quarrel. He swear not to allow them to leave the Village. Karthikeyan and his friends went to nearby shandy rested for 10 minutes and then, proceeded to their Village in their two wheelers. The accused A1 to A4 armed with swords and aruval stopped them near Nondi Muniswaran Temple and prevented them from proceeding further. A1 attacked Karthikeyan with the sword on the head. When Veeramani (P.W.2) tried to stop the assault, A1 gave him two blows with the sword, one on the right forearm and another on the left hand. A1 further incited the other accused 2 to 4 not to leave anyone alive. As a consequence, A2 hit Karthikeyan with aruval on the right side of the head repeatedly. A3 hit Karthikeyan on the right ear with the sword. A4 attacked Ajeethkumar (P.W.3) with the sword. The Arunkumar (P.W.1) sustained injury on his left shoulder, forehead, right back and left forearm when A4 swing the sword at him. A1 also attacked one Mathi (not examined) with the sword on his back.

(3.) In the incident, Karthikeyan died. Veeramani (P.W.2) and Mathi (not examined) sustained simple injuries. Arunkumar (P.W.1) sustained grievous injury. Based on the evidence of the injured witnesses to the recovery of material objects based on the confession of the accused persons, recovery witnesses and the medical reports and other evidence, the trial Court held the prosecution has proved the charges and sentenced the accused persons as under:-