KATHIRVEL Vs. STATE

JUDGEMENT

(1.) THE appellants were accused 1, 2 and 4 to 14 before learned Sessions Judge, South Arcot at Cuddalore, in S.C. No.222 of 1985. THE third accused before learned Sessions Judge was acquitted and all the other accused who were convicted as per particulars to be furnished hereafter, have therefore, preferred this appeal. THEre were as many as 15 charges against the appellants and the acquitted third accused.

(2.) LEARNED Sessions Judge found the accused 1, 2, 4 to 11 and 14 guilty of an offence under Sec. 148, I.P.C. He also found accused 12 and 13 guilty of an offence under Sec. 147, I.P.C. Accused 1 and 2 were found guilty of an offence under Sec. 302, I.P.C. Accused 4, 8, 11 and 14 were found guilty of an offence under Sec. 324, I.P.C. The fifth accused was found guilty of an offence under Sec. 326, I.P.C. All the accused except the third accused, Gunasundari, were found guilty of an offence under Sec. 302, I.P.C. read with Sec. 149, I.P.C. and the accused were convicted under the above provisions of the Indian Penal Code. LEARNED Sessions Judge imposed the sentence of life imprisonment on the first and the second accused under Sec. 302, I.P.C. and life imprisonment on all the other accused except the third accused for the offence under Sec. 302, I.P.C. read with Sec. 149, I.P.C. He also imposed a sentence of one year rigorous imprisonment on accused 1, 2, 4 to 11 and 14 under Sec. 148, I.P.C. Accused 12 and 13 were sentenced to six months rigorous imprisonment for the offence under Sec. 147, I.P.C. Accused 4, 8, 11 and 14 were sentenced to one year rigorous imprisonment under Sec. 324, I.P.C. The fifth accused was sentenced to two years rigorous imprisonment under Sec. 326, I.P.C.

(3.) ON 8.5.1985 at about 7.00 p.m. P.W. 10 was in his house at Pavaikulam. Accused 1, 2 and 3 came to the house of P.W. 10 and abused him on the ground that P.W. 10 and his sister had broken the leg of a goat belonging to the second accused. P.W. 10 and his sister denied the said allegation. P.W. 1, the deceased Dhanavel, P.W.6 and P.W.8 were coming that side and heard the abuses of accused 1 to 3. The deceased Dhanavel told the second accused that compensation can be obtained for the loss of the goat's leg. The first accused retorted saying that the deceased Dhanavel had no business to interfere as a Panchayatdar. P.W. 1 advised P.W. 10 and his sister to go to their houses and all of them returned back to their houses.