RAJA Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No186 of 2012, on the file of the learned Additional Sessions Judge, Virudhunagar. Initially, altogether there were seven accused including these appellants. After charges were framed in this case, it was found that the accused No.4, Mr.Selvamayandi and accused No.8, Mr.Ramachandran were juveniles and therefore the case against them was split up and send to the Juvenile Justice Board for being dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The rest of the accused including the appellants were tried. Finally, the Trail Court, by Judgement, dated 06.11.2013, convicted the first accused under Section 323, 294(b), 506(ii) and 302 r/w 149 I.P.C. and the second accused under Section 302 I.P.C. The other accused were acquitted. These accused 1 and 2 were acquitted from all other charges also. The Trial Court has sentenced the first accused to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months, for the offence under Section 323 I.P.C., to pay a fine of Rs.200/- in default to undergo simple imprisonment for two weeks for the offence under Section 294(b) I.P.C., to undergo rigorous imprisonment of one year and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months for the offence under Section 506(ii) I.P.C. and to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for six months for the offence under Section 302 r/w. 149 I.P.C. The second accused was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for six months, for the offence under Section 302 I.P.C. Challenging the said conviction and sentence, the appellants are before this Court, with these Criminal Appeals.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Based on the above materials, the Trial Court framed charges. The accused denied the same. In order to prove the case, the prosecution has examined as many as 12 witnesses and marked 22 documents and 10 material objects. Out of the said witnesses PW1 is the injured eye witness. He also happened to be the brother of the deceased. He has spoken about both occurrences, namely, the first occurrence, in which, there was quarrel between the first accused and the prosecution party and the second occurrence, in which, the deceased was killed and PW1 was attacked. PW2 is the father of the deceased, who has stated that he heard abut the occurrence. PW3 is a friend of the deceased, who also witnessed the entire occurrence. He has spoken about the same vividly. PW4 has spoken about the observation mahazer and the recovery of bloodstained earth and sample earth from the place of occurrence. PW5 has spoken about the first occurrence, in which there was a quarrel between the first accused and the prosecution party. PW6 has spoken about the arrest of the accused 1 and 2 and the consequential recoveries made. PW7 has spoken about the chemical analysis done on the material objects and the result. PW8, Dr.Shyam, has spoken about the treatment given to P.W.1 by him and the declaration made by him that the deceased was dead. PW9 is the constable, who carried the dead body and handed over the same to the doctor for postmortem. PW10, Dr.Girija, has spoken about the postmortem conducted and her final opinion. PW11 has spoken about the registration of the case. PW12 has spoken about the investigation done.