MADHAVAN AND ORS. Vs. STATE

JUDGEMENT

(1.) The convictions and sentences dated 19.11.2008 passed in Sessions Case No.62 of 2006 by the Additional District and Sessions Court, Krishnagiri, are being challenged in the present criminal appeal.

(2.) The case of the prosecution is that the defacto complainant by name Saradha is the wife of the deceased by name Periyasamy and their house is situate in Alamaram Karungannan Kottai. The defacto complainant and the said Periyasamy have been blessed with five children. The accused are the relatives of the defacto complainant. The husband of the defacto complainant and others are owning 60 acres of common land, wherein, the husband of the defacto complainant is having 1/3rd share. In between the families of the defacto complainant and accused, with regard to enjoyment of the property, a problem has been in existence and in order to solve the same, a Panchayat has been convened. On 03.12.2004, at about 5 p.m., the 4th accused, wife of 3rd accused has cut grass in the field of the defacto complainant. At that time, a tussle has arisen in between the defacto complainant and 4th accused. Next day, the accused have removed fence of a garden, which belongs to the family of the defacto complainant and placed the same in front of her house. The 4th accused has got hold of tuft of the defacto complainant and also attacked her and subsequently the accused, by name Madhavan and Amasi have also attacked her by using cudgels. At the time of occurrence, the husband of the defacto complainant has reached the place of occurrence and questioned the accused. The accused viz., Madhavan, Krishnan and Amasi, have attacked the husband of the defacto complainant by using cudgels. They have also attacked the son of the defacto complainant by name Tamilselvan. The occurrence has been seen by persons viz., Kaliyammal and Govindasamy. After occurrence, the husband of the defacto complainant has been taken to Krishnagiri Government Hospital and since his condition has become critical, subsequently referred to Government Hospital, Dharmapuri and thereafter, he has been referred to Government Hospital, Salem. On 09.12.2004, the husband of the defacto complainant has passed away. Due to overtacts by some of the accused, the defacto complainant has become unconscious and thereafter, the defacto complainant has given a complaint and the same has been registered in Crime No.374/2001 by the Sub Inspector of Police (P.W.7). The complaint given by the defacto complainant has been marked as Ex.P.1.

(3.) On receipt of Ex.P.1, P.W.17 has taken up investigation, examined connected witnesses and since the husband of the defacto complainant has passed away, P.W.18, Inspector of Police has taken up investigation, examined some witnesses and also made arrangements for conducting autopsy on the body of the deceased and accordingly, Dr.Vallinayagam (P.W.16) has conducted autopsy on the body of the deceased and found the following external and internal injuries:-