L.MANOHARAN Vs. STATE, INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants are the accused Nos.1 to 6 in S.C.No.579 of 2003, on the file of the learned Additional District and Sessions Judge [Fast Track Court No.II], Madurai. The Trial Court framed as many as eight charges as detailed below.

(2.) By Judgment dated 30.11.2007, the Trial Court convicted all the six accused, as detailed below: -

(3.) The case of the prosecution, in brief, is as follows: - There were two deceased, in this case, by name, Mr.Baskaran (hereinafter referred to as "D -1") and Mr.Janakiraman (hereinafter referred to as "D -2"). PW -1 and PW -2 are the mother and sister respectively of D -1. They were all residing at Ayyampalayam Vadipatti Village in Madurai District. PW -3 is the younger brother of D -1. On 08.11.1994, the first accused had assured D -1 to pay Rs.5,000/ -, which was due from him. PW -3, PW -4, one Mr.Rajasekaran (now no more), D -1 and D -2 were standing near the petti shop of one Mr.Chinnamani Nadar at Andipatti. From there, they went to Chinnappanayakkanpatti Village. In Chinnappanayakkanpatti Village, few persons were found selling illicit arrack. D -1 enquired with them as to where the accused 1 and 2 had gone. They replied that they would come soon. While this conversation was going on, suddenly, these six appellants and two other accused, by name, Raju and Raman came in an unlawful assembly to the said place. All of them were armed with dangerous weapons, such as, aruval and knife. On seeing D -1, they started attacking him. The first accused cut D -1 on his neck and other parts of the body. The second accused cut D -2 on his left side of the neck and the fifth accused cut D -2. PW -3, PW -4 and Mr.Rajasekaran intervened. The first accused cut PW -4 with aruval. He cut Mr.Rajasekaran also with aruval. The second accused cut Mr.Rajasekaran with aruval and caused a simple hurt. The third accused cut PW -3 with knife and the fourth accused cut PW -3 with aruval. The fifth accused cut Mr.Rajasekaran with aruval. The third accused cut Chinnaiyan (PW -4) with pattakathi and caused grievous hurt. The fifth accused also attacked PW -4 with pattakathi and caused grievous hurt. In the same occurrence, the fifth accused also sustained injuries. D -1 and D -2 died on the spot. Then, all the accused fled away from the scene of occurrence. PW -1, who was then at her house heard about the occurrence. She along with PW -2 rushed to the place of occurrence and found D -1 and D -2 dead and PW -3 and PW -4 and Rajasekaran with injuries. The fifth accused was also found lying with injuries. At that time, incidentally, PW -9, a Head Constable attached to the Vadipatti Police Station, came to the place of occurrence. He made arrangement for shifting the injured to the hospital.