SUNDAR Vs. STATE

JUDGEMENT

(1.) This Appeal is preferred by the appellants / Accused Nos.1 and 2 being aggrieved by the judgment of the trial Court, in S.C.No.640 of 2015, dtd. 5/3/2020.

(2.) The first appellant /A1 tried for the offences under Ss. 294(b) and 302 of I.P.C. The second appellant /A2 tried for the offences under Ss. 294(b) and 302 read with Sec. 109 of I.P.C.

(3.) The gist of the charges against them was that, on 2/8/2015, at about 11.30 p.m., the appellants / A1 and A2 went to the house of the deceased Jeevankumar, abused him in filthy language and threatened him with dire consequences, for not withdrawing the complaint given on 5/1/2015 against them in Crime No.7 of 2015. For using filthy language in the public, both the appellants 1 and 2 alleged to have committed the offence punishable under Sec. 294(b) of I.P.C. In furtherance of the said transaction, the second appellant / A2, hit Jeevankumar on the left shoulder with stick and to facilitate the first appellant / A1 to stab Jeevankumar on his abdomen, caught hold of the hands of Jeevankumar and aided the first appellant / A1 to commit the offence of murder. In continuation of the said offence, the first appellant / A1 took out a knife concealed in his hip and stabbed Jeevankumar on his abdomen saying that, ''How many times I have to tell you to withdraw the complaint, but you are not heeding. I will not leave you alive''. The injured Jeevankumar was taken to Tirunelveli Government Medical College Hospital. After six days of treatment as Inpatient, Jeevankumar succumbed to the injury on 6/8/2015 at 07.00 p.m. Thus, for intentionally causing the death of Jeevankumar, which is punishable under Sec. 302 of I.P.C., charge under Sec. 302 I.P.C. was framed against the first appellant / A1 and charge under Sec. 302 read with Sec. 109 I.P.C. was framed against the second appellant / A2.