RAMALINGAM Vs. STATE

JUDGEMENT

(1.) FOUR brothers living under the same roof as a joint family with their family members, who were the accused before the learned Principal Assistant Sessions Judge, Salem in S.C. No. 26 of 1990, faced the Trial conducted by the learned Judge for the offences under Section 364 read with 34, 379 read with 34 and 307 read with 109 of Indian Penal Code and after the trial were found guilty upon the first and last charges by acquitting on the Second charge whereupon sentenced each to undergo rigorous imprisonment for a period of three years with Rs.200/ - as fine, in default to suffer R.I. for three months on the first charge and rigorous imprisonment for a period of three years with a fine of Rs.300/ - each, in default to suffer R.I. for a further period of three months. The sentences were ordered to run concurrently. However, all the accused were found not guilty and acquitted on the Second Charge. Aggrieved at this, the accused had preferred an appeal before the learned Sessions Judge, Salem, in Criminal Appeal No. 105 of 1990 which was rejected on 18th March, 1991 confirming the conviction and sentence awarded by the Trial Court. This Revision has been filed by all the four accused challenging the propriety and legality of the said concurrent finding.

(2.) THE prosecution version is that at about 3.30 a.m. (mid night) on 11.11.1987 all the four accused with the common intention among themselves took P.W. I by name Rani in a car from the village by name Veput situate within the jurisdiction of Athur Police Station on the pretext that they wanted to take her to her mother's house at Tindivanam to see her ailing mother and by so saying all the four accused took P.W. 1, to a place near Selliampalayam Village Cooperative Society which is crowded with forest and dropped her following the violence perpetrated upon her by the first accused by removing of the jewellery belonging to her, the third accused pushed P.W. 1, down and pressed her neck, the second accused beat P.W. I with his hands upon her neck and the fourth accused stabbed P.W. 1, thrice upon her neck and also beat her with hands and thereby caused bleeding injuries. On finding that P.W. I fell down and became unconscious, they left her and ran away. After regaining consciousness within a short -while she walked towards a nearby place only with the under garments and found P.W. 2, a tailor engaged in doing his work. On her approach, he gave her a saree as well as a coffee. It appears that P.W. 1, reached the Government Hospital Athur on the next day morning at about 10.00 a.m. for treatment and she was admitted by P.W. 8. Dr. Santharam, attached to the Government Hospital, Athur, on examination of P.W. 8. found six injuries upon the body of P.W. I as evident from Ex. P.5, the wound certificated dated 12.1.1988 which shows the following injuries: -

(3.) Upon the abovesaid injuries, P.W. 1, was admitted in the Hospital and was treated as an in -patient. Subsequently, Dr. Sivalingam, who was examined as P.W. 9, on the treatment given to P.W. 1, gave the certificate Ex. P.6, which is in corroboration of the opinion given by P.W. 8, stating that one of the injuries found on the neck is grievous in nature.