PITCHAIMANI Vs. STATE

JUDGEMENT

(1.) Appellants are accused 1 to 3 in S. C. No. 110 of 1986 on the file of learned Sessions Judge, Tirunalveli. They were charged as under on the allegation that on account of prior enmity at about 2.30 p.m. on 26-9-1985 at Pirai Kudiyiruppu village in furtherance of their common intention to commit the murder of one Anandapandi Nadar, A-1 Pitchaimani beat on his head with a pounder (vernacular matter omitted), while A-2 Ponnuswamy cut on his right flank and A-3 Muthammal cut on his 'Nadi' with aruvals and caused his death. When his son PW 1 Baskaran tried to prevent the assault, A-1 Pitchaimani beat him with pounder and A-2 Ponnuswamy cut him with aruval and caused injuries. Charge No. Accused Nature of charge I A-1 u/s. 302 IPC II A-2 and A-3 u/s. 302 r/w 34 IPC III A-1 u/s. 324 IPC (for causing hurt to P. W. 1 Baskaran) IV A-2 u/s. 324 IPC (for causing hurt to P. W. 1 Baskaran)

(2.) The prosecution examined 18 witnesses, filed 29 exhibits and marked 8 material objects. They disclose these facts :- A-3 Muthammal is the mother of A-1 Pitchaimani and A-2 Ponnuswamy. Their house is southeast of that of deceased Anandapandi Nadar, PW 1 Baskaran and PW 2 Azhaguvel are the sons of the deceased. Often the cattle of the accused used to graze and damage the garden of the deceased. Twenty days prior to the occurrence PW 1 Baskaran and PW 2 Azhaguvel went to the house of the accused and told them to tether their cattle properly. A-1 Pitchaimani found fault with them for making the complaint. On 26-9-1985 Thursday when the cattle of the accused again grazed in the banana-field of the deceased, PW 1 Baskaran drove them away. At about 2.30 p.m. A-1 Pitchaimani and A-2 Ponnuswamy came to the house of the deceased and challenged that if any one would dare to drive away their cattle, they would be murdered. On hearing this deceased Anandapandi, PW 1 Baskaran and PW 2 Azhaguvel came out of their house. Anandapandi asked A-1 Pitchaimani why he was scolding them instead of keeping the cattle within bounds. Thereupon A-1 Pitchaimani beat on the head of Anandapandi with MO 1 pounder in his hand. Anandapandi picked up a stick nearby and beat on the head, right hand and leg of A-1 Pitchaimani. When Pitchaimani retreated, A-2 Ponnuswamy cut with MO 2 Vettaruval on the right flank of Anandapandi. Anandapandi fell down. A-2 Ponnuswamy raised his aruval to cut again. When PW 1 Baskaran tried to ward off the blow, the cut fell on the left side of his head. A-3 Muthammal cut Anandapandi on his 'nadi' with MO 3 aruval. A-1 Pitchaimani also beat Anandapandi on his right shoulder, right hand, right side of the back and right leg. PW 3 Joyapandi whose house is on the rear side of that of the deceased and PW 2 Azhaguvel shouted not to attack. All the three accused ran towards south with their respective weapons. PW 2 Azhaguvel went to Mani Nagar in a cycle and brought a taxi driven by PW 5 Arunachalam and took Anandapandi and PW 1 Baskaran to Govt. Hospital at Kalan Kudiyiruppu. PW 6 doctor examined the injured in the said hospital at 3.45 p.m. Anandapandi Nadar was unconscious. The persons who accompanied him told the doctor that at about 2.30 p. m. on that day at Mela Theru in Pirai Kudiyiruppu village the injured was assaulted by two men and one woman with weapons like pounder and aruval. The doctor found these injuries on Anandapandi :-

(3.) There after PW 6 doctor examined PW 1 Baskaran who was conscious. He informed the doctor that he had sustained the injury due to assault with pounder and aruval like weapons by two men and one woman at Mela Theru in Pirai Kudiyiruppu village at 2.30 p.m. on that day. On examination the doctor noticed these injuries on him :-