VELU ALIAS ELUMALAI Vs. STATE

JUDGEMENT

(1.) AGGRIEVED over the judgment of the court of sessions, chengalpet, in S. C. No. 301 of 1998, A-2 and A-4 in the said sessions case, who stood charged along with others as narrated below, have broughtforth this appeal.

(2.) A-2 to A-4 were charged under Section 302 IPC; A-1 and a-3 were charged under Section 304 read with 34 IPC; A-1 was charged under section 323 IPC; A-2 to A-4 were charged under Section 324 read with 34 IPC; a-1 was charged under Section 324 IPC; A-2 to A-4 were charged under Section 324 read with 34 IPC; A-2 was charged under Section 324 IPC (6 counts); A-1, a-3 and A-4 were charged under Section 324 read with 34 IPC (6 counts); A-3 was charged under Section 324 IPC; A-1, A-2 and A-4 were charged under Section 324 read with 34 IPC; A-3 was charged under Section 323 IPC; A-1, A-2 and A-4 were charged under Section 323 read with 34 IPC; A-4 was charged under Section 323 ipc and A-1 to A-3 were charged under Section 323 read with 34 IPC. On trial, the trial court found A-1 and A-3 guilty under Section 324 IPC and they were sentenced to the period already undergone and were directed to pay a fine of rs. 500/= each with a default sentence of three months rigourous imprisonment. A-3 was also found guilty under Section 323 IPC and he was sentenced to the period already undergone. A-4 was found guilty under Section 302 read with 34 ipc and he was sentenced to life imprisonment. A-2 was found guilty under section 302 read with 34 IPC and Section 324 IPC (4 counts) and was sentenced to imprisonment for life for the former offence, while he was sentenced to three months rigourous imprisonment on each count for the latter offence. The sentences were directed to run concurrently.

(3.) IN the meantime, on hearing the noise, other members of the family rushed to the house of A-1. At that time, A-2 cut P. W. 2 on the left shoulder. A-4 beat P. W. 9 with a stick. A-3 beat P. W. 3 on the left hand. A-2 cut P. W. 2 on his head. When P. W. 1 questioned about the same, A-2 cut P. W. 1 on the left forearm and shoulder. A-4 beat the deceased with sticks and A-2 beat the deceased on the head and left thigh. A-2 and A-4 beat P. W. 2. On hearing the commotion and the distressing cries of the witnesses, the neighbours gathered and the accused left the scene of occurrence with the weapons.