REKKAN ALIAS RAKKA PERUMAL Vs. STATE

JUDGEMENT

(1.) THESE are three appeals filed against the same judgment of the learned Additional Sessions Judge, Tiruchirapalli convicting the four appellants under S. 302 read with S. 34 of the Indian Penal Code and sentencing each of them to imprisonment for life. Criminal Appeal No. 458 of 1982 is filed by the 3rd accused. Criminal Appeal No. 116 of 1983 is filed by the 4th accused while Criminal Appeal No. 122 of 1983 is filed by accused 1 and 2. The prosecution case is that all these four accused, in pursuance of a common intention, cut one Stephen on the afternoon of 13 -7 -1980 with 'Aruvals' and caused his instantaneous death at Thoppu Padithurai in Uyyakkondan channel in Trichy town.

(2.) THE accused, deceased Stephen and the eye witnesses P.Ws. 1 to 4 are all slum dwellers and labourers patronising the illicit arrack shop in that locality. About a year prior to the occurrence, one Govindaraj, the elder brother of the 4th accused, stabbed one Arogyaraj, a close associate of deceased Stephen, and this resulted in a police case against the assailant Govindaraj and others. However, the friends of Arogyaraj including Stephen took the law into their own hands and stabbed Govindaraj in return four days after the prior incident. Therefore, there were two groups one led by deceased Stephen and the other by Govindaraj, brother of the 4th accused, and each of them was trying to assault the other whenever occasion arose. The criminal case against Arogyaraj and deceased Stephen was posted for hearing on 14 -7 -1980. On 13 -7 -1980 at about 2.30 p.m., deceased Stephen, his brother Emmanuel and P.W. 5 went to contact their lawyer and gave him instructions for the hearing on the next day. They sent word to one Angamuthu to come and join them to go the advocate's house and they were waiting for Angamuthu at Thoppu Padithurai in Uyyakkendan Channel. On the northern bank of the channel, there was the arrack shop and there were number of edible shops around the same. P.W. 1 Veeramalai wanted to have a drink and therefore got into the dry channel and was going to the other bank and at that time all the four accused came there with 'Aruvals' to attack Stephen. On seeing the accused approaching them with weapons, Stephen got into the channel and tried to escape. But, the 1st accused came running with an 'Aruval' and slashed him on his right leg above the ankle with the 'Aruval'. The 1st accused followed with a second cut on the back of the head of Stephen. The 1st accused then gave some more cuts on either side of the head, and when the victim fell down, he pecked him with the 'Aruval' on the forearm. At the same time, the 4th accused cut Stephen on his head and on the right palm while the 2nd accused pecked him with his 'Aruval' on his back and other places. The towel of the 2nd accused fell down at the place of occurrence. The 3rd accused cut Stephen on his thing and back with an 'Aruval' and accused 1 and 4 grave some more cuts on the victim. P.W. 1 raised a big alarm and tried to scare them away, but the accused drove him away. The people at the arrack shop threw some stones at the accused as a result of which all the accused ran away. P.Ws. 2 to 4 also witnessed the occurrence which took place at about 3.30 p.m.

(3.) P .W. 7, the Medical Officer at the Government Headquarters Hospital at Tiruchirapalli conducted autopsy on the body of deceased Stephen and found the following injuries : -