ADHIMOOLAM Vs. STATE

JUDGEMENT

(1.) Appeal against the conviction and sentence passed by the Second Additional Sessions Judge, Tirunelveli Division in S. C. No. 293 of 1986 on his file.

(2.) Appellants are accused 1 to 4 before the trial Court. They along with three others were charged as under for having formed themselves into an unlawful assembly, some armed with deadly weapons and committing criminal treaspass in the lease-hold land of P.W. 5 Ramaswami Thevar, bearing S. No. 96/1 of Manaparanallur and causing the death of Meenakshi Sundaram at about 9 A.M. on 25-11-85 and causing simple and grievous hurts to P.W. 1 Subbayya, and P.W. 2 Chandran alias Chandrasekaran. Charge No. Accused number Substance of the charge Section 1. 2. 3. 4. 1. Accused 1 to 7 Causing criminal trespass in the lease- hold land of P.W. 5 Ramasami Thevar, bearing S. No. 96/1 of Manaparanallur village. 447 I. P.C. 2. Accused 1 to 5 Rioting armed with deadly weapon. 148 I. P.C. Accused 6 and 7 Rioting. 147 I. P.C. 3. Second accused Causing the death of Meenakshisundaram 302 I. P.C. 4. Accused 1 and 3 to 7 Members of an unlawful assembly with the common object of causing the death of Meenakshisundaram. 302 read with 149 I. P.C. 5. First accused Causing grievous hurt to P.W. 1 Subbaya. 326 I. P.C. 6. Accused 2 to 7 Members of an unlawful assembly with the common object of causing grievous hurt to P.W. 1 Subbayya. 326 read with 149 I. P.C. 7. Accused 2 and 3 Causing hurt to P.W. 1 Subbayya with dangerous weapon. 324 I. P.C. 8. Accused 1, 4 and 5. Causing hurt to P.W. 2 Chandran alias Chandrasekaran with dangerous weapon. 324 I. P.C. 9. Accused 6 and 7 Wrongfully restraining the deceased. 341 I. P.C. 10. Accused 1 to 5 Using M.O. 4, Vel Kambu at the time of occurrence. 25(1) (B) r/w S.4of Indian Arms Act and G.O. No.336 dt. 14-2-1981

(3.) The prosecution examined 49 witnesses, filed 33 Exhibits and marked 15 Material Objects to substantiate the charges. Of the witnesses examined, P.W. 4 Subbayya turned hostile. The accused filed Exhibits D. 1 to D. 3 on their side. The evidence on record discloses these facts. Deceased Meenakshisundaram, P.W. 1 Subbayya, P.W. 2 Chandran alias Chandrasekaran and P.W. 3 Sathyandran are the sons of P.W. 5 Ramaswami Thevar. They were cultivating on lease an extent of 2 Acres 4 cents of wet land, bearing S. No. 96/1 in Manaparanallur village belonging to one Paramasiva Nadar and Ramachandra Nadar. About three years prior to the occurrence, Ramachandra Nadar died. Thereafter, his son Subramania Nadar wanted P.W. 5 Ramaswami Thevar to surrender possession of the land. P.W. 5 did not oblige. Three days later, Subramania Nadar brought first accused Adhimoolam, who is his friend and the other accused to the land and obstructed the cultivation of land by P.W. 5 Ramaswami Thevar. Thereupon, 26-2-1982, P.W. 5 Ramaswami Thevar instituted O. S. 178/82 in the Court of the District Munsif of Ambasamudram against the said Subramania Nadar, first accused Adhimoolam, third accused Murugan and 5th accused Durai. Exhibit P. 1 is the copy of the plaint therein. He also obtained ad-interim injunction pending suit against them as per Exhibits P. 2 and P. 3. Aggrieved over this, Subramania Nadar, accused 1, 3 and 5 filed another suit O. S. 329/82 in respect of the same property claiming that one Shanmugha Nadar was cultivating the land on lease and obtained an ad-interim injunction on 26-8-1982 against P.W. 5 Ramaswami Thevar. Exhibit. D. 3 is the copy of the order in the injunction application. Thereafter, P.W. 5 Ramaswami Thevar did not go near the disputed land. Instead, accused 1 to 7 alone were cultivating the same. However, P.W. 5 Ramaswami Thever sought Police protection pursuant to the injunction order obtained by him in O.S. 178/82. The accused also claimed for Police protection in their suit. On 24-11-85 The Civil Court enquired both the applications, dismissed the petition filed by the accused and accorded Police protection to P.W. 5 Ramaswami Thever. Thereafter, as per the directions of P.W. 5 Ramaswami Thever, his sons started cultivating the land. In the meanwhile, on 27-9-1982 Subramanian, son of Ramachandra Nadar entered into Exhibit P. 26 agreement with first accused Adhimoolam for the sale of 1. acre 58 cents in the disputed land, SF 96/1 and other lands. P.W. 14 Ramasubramania Pillai is the scribe of the unregistered agreement, Exhibit P. 26.