M KUMAR Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 to 3 in S. C. No. 29/1996 on the file of the additional Sessions Judge, Pondicherry at Karaikal, are the appellants in these two appeals. They have been convicted by the trial court for the offence under Section 302 r/w 149 of the Indian Penal Code, by the judgment dated 26. 8. 1997. Challenging the same, they have preferred these two Appeals.

(2.) THOUGH A1 to A9 were initially charge-sheeted and tried, A4 to A9 were acquitted by the trial court. The appellants/a1 to A3 alone have been convicted by the trial court.

(3.) ACCORDING to the prosecution, on 4. 12. 1987, A1 to A3 came to the house of the deceased, while he was washing his hands outside the house at 5. 00 p. m. and lifted his body and took him to the house of A1. Nearer to the house of A1, the deceased was pushed down and thereafter, A1 to A3 started attacking him. P. W. 2 tried to prevent the attack. Even then, they continued to attack the victim. P. W. 1 immediately rushed to the police station and gave the complaint. The victim who was then alive, was taken to the police station. P. W. 16, on noticing the serious condition of the deceased, made arrangement to take him to the hospital through P. W. 15, the Constable. In the hospital, after treatment, the victim died at about 7. 00 p. m. , in spite of treatment.