BALU SENDAPPRIYAR Vs. STATE

JUDGEMENT

(1.) The six accused who have been convicted and sentenced by the trial court have filed this Criminal Appeal. All the accused 1 to 6 have been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, first accused has been convicted under Section 304 part II and sentenced to undergo rigorous imprisonment for one year, and third accused has been convicted under Section 326, IPC and sentenced to undergo RI for one year. The sentences were ordered to run concurrently.

(2.) The case against the accused is that PW 1 Karunanidhi, PW 3 Sivamani and PW 4 Natarajan are brothers. PW 1 was the eldest of them. PW 2 Ramachandran and Govindarajan deceased in the case were brother-in-law of them. They all belong to Aavikkottai village. PW 1 Karunanidhi had obtained a power of attorney on 5-8-1985 from one Deivanai for cultivating 111/2 Maa of land for Rs. 5,000.00 in Oolayakunnam village. In that land there is a well, a pumpshed and a pumpset.

(3.) As the pumpset decayed, to take it for repair, on 13-8-1985 at 3-00 p. m. PW 1 Karunanidhi went to the field in a double bullock cart along with his brothers PW 3 Sivamani and PW 4 Natarajan, and his brothers-in-law PW 2 Ramachandran and deceased Govindarajan, and PW 5 Shanmugham his sister's son. On reaching the field they all went inside the pump shed. In a short while they heard a noise from outside and they came out. They found there first accused holding a crowbar and other five accused each holding a stout stick. First accused questioned them why did they come there and with whose permission they purchased the land. To that PW 1 Karunanidhi replied that there was no need for them to ask for anybody's permission.