ONTHAN Vs. STATE

JUDGEMENT

(1.) THE first accused in sessions case No. 22 of 1974 on the file of the Sessions Judge, East Thanjavur, who was found guilty of an offence punishable under Section 302, I. P. C. and sentenced to imprisonment for life, is the appellant before us.

(2.) BEFORE the learned Sessions Judge, 14 accused were charged for various offences, the main charge being against accused 1 to 3, for an offence under Section 302, I. P. C. for committing the murder of one Baluswami, the first accused stabbing him with a sulukki and the second and the third accused cutting him with aruvals, at about 3 p. m. on 9-10-1973, at Palavanakudi village. There were other charges against the accused persons under Sections 147, 148, 323, 324, 325 and 435 read with Section 149, I. P. C. The several accused were also charged individually for injuries caused to the various prosecution witnesses. As all the accused have been acquitted of all the charges, except the first accused who has been convicted of the offence under Section 302, I. P. C, as stated above, we refrain from referring to the details of the other charges framed against the several accused,

(3.) THE accused's party as well as the prosecution party were residents of Palavanakudi village in Nagapattinam taluk. All of them originally belonged to Dravida Kazhagam but the prosecution party became members of the Right Communist party in 1968. Consequently, there were keen rivalry and misunderstandings between the two groups. Security proceedings were initiated against the accused's party and the prosecution party. The proceedings ended in discharge of both parties, but still the enmity persisted.