MOOKANDI @ GANESAN Vs. STATE BY PUBLIC PROSECUTOR

JUDGEMENT

(1.) APPELLANTS are A4, A5 and A6 in S.C. No. 128 of 1986 on the file of II Additional Sessions Judge, Tirunelveli. They along with fours others were charged as under on the allegation that on 23.8.1985 at about 6 P.M. in Kuthiraimozhi village all of them with the object of committing the murder of one Sendhurpandi formed themselves into an unlawful assembly, that the appellants then were armed with deadly weapons, that in the course of the same transaction and in furtherance of the common object of the unlawful assembly at the instigation of Al to A3, A4 Mookandi alias Ganesan stabbed him with pichuva knife on his fore -head, left eye brow and back and thereby caused his death, that at the same time and place and in the course of the same transaction AS Rajasingh caused hurt to P.W. 1 Murugesan alias Velkannu Nadar by assaulting him with an iron rod like thing (appai), that A6 Perumal Nadar caused hurt to P.W. l Murugesan alias Velkannu Nadar and P. W.2 Arunachalam alias Periyakan Nactar with an iron rod and that A 7 Sakthivel caused simple hurt to P. W.3 Murugesan by fisting him with hands. Charge No. Accused Nature of charge I A1 to A3 and A7 A4 to A6 U/s 147 I.P.C. II A4 U/s 148 I.P.C. III A1 to A3 U/s 392 r/w S. 109 I.P.C. IV A1 to A3 and A5 to A7 U/s 149 r/w S. 109 I.P.C. V A5 U/s 324 I.P.C. (for causing hurt to P.W. 1 Murugesan VI A6 U/s 324 I.P.C.(two courts) for causing hurt to P.W. 1 Murugesan @ Velkanu Nadar and P.W. 2 Arunachalam @ Periyakan Nadar) VII A7 U/s 323 I.P.C. (for causing hurt to P.W. 3 Murugesan

(2.) THE prosecution examined 15 witnesses, filed 21 exhibits and marked 7 material objects. A conspectus of the prosecution version of the incident from these materials is as under: A4 Mookandi alias Ganesan is the son of A -3 Thangavel Nadar alias Ramasamy Nadar. A5 Rajasingh is the son of Al Ramachandra Nadar. The other accused are his close relatives. All of them are residents of Kuthiraimozhi village. P.W. 2 Arunachalam alias Periyakan Nadar is the father of P.W. 1 Murugesan alias Velkannu Nadar and deceased Sendhurpandi. P.W. 6 Gowri is the wife of Sendhrupandi. P.W. 4 Arumughasami is the brother's son of P.W.2 Arunachalam alias Periyakan Nadar. Some time prior to the occurrence the accused arranged a film show by taking electricity. connection from Mutharamman temple in the village. A2 Ramachandra Nadar and A3 Thangavel Nadar alias Ramasamy Nadar objected to the same and removed the fuse wire. Thereupon, on 23.8.1985 a village congregation was convened in the temple. P.W. 7 village barber announced the convening of the assembly. All the seven accused as well as P.W. 1 to 4 and deceased Sendhurpandi attended the meeting. During the course of the proceedings at about 5.4 5 P.M. A 1 to A3 proclaimed that they were going to enforce social boycott against the families of P.Ws. 1 to 3. Sendhurpandi stood up and questioned how they could resort to social boycott for this trivial affair. Thereupon, A -I to A3 shouted .to do away with Sendhurpandi. Immediately A4 Mookandi alias Ganesan ran near Sendhurpandi, took a pichuva knife from his hip and stabbed Sendurpandi just above his left eye brow. When Sendurpandi bent down A4 again stabbed on his back and ran away. On seeing this P.W s. 1 to 4 shouted. A5 Rajasingh beat with an iron appu, P.W. 1 Murugesan alias Velkannu Nadar. A6 Perumal Nadar beat P.W. 1 with an iron rod on his chest. When he tried to ward off the blow, it fell on the front part of his hand. When P.W. 2 Arunachalam alias Periyakan Nadar expressed anguish over this incident, A6 Perumal Nadar beat on his left shoulder and chest with an iron rod. P.W. 3 Murugesan who was present in the gathering questioned the accused why they were beating like this. A 7 fisted beneath his left eye and all the accused ran away from that place. P.W. 4 Arumughasami the first cousin of Sendurpandi also witnesses the entire occurrence when he was assembled there along with the other villagers.

(3.) THERE after P.Ws. 1 to 4 took Sendhurpandi to Government Hospital, Tiruchendur in a car. At 7.45 P.M. 8 Doctor examined Sendhurpandi and pronounced him dead. She sent Ex. P8 death intimation to P.W. 14 Sub Inspector of Tiruchendur Police Station. On receipt of the same P.W .14 Sub Inspector visited Government Hospital, Tirunchendur and recorded Ex. P -1 complaint as dictated by P.W.1 Murugesan alias Velkannu Nadar from 8.45 P.M. to 10 P.M. P.W. 3 Murugesan attested the complaint. At 10.15 P.M. the Sub Inspector returned to the Station and registered the same in his Station Crime No. 772185 under Sections 147, 148,302 and 323 I.P.C. He prepared Ex. P. 19 Express F.I.R. He examined P.W. 1 and P.W. 4 and recovered M.Os. 1 sarams from them respectively under Ex. P. 14 mahazar. P.W. 11 V.A.O. attested the mahazar. At 11.30 P.M. he sent Ex. P.19 Express F.I.R. through P.W.12 Constable. The said Constable handed over the records to J.S.C.M., Tiruchendur at 11.45 P.M.