RAJU Vs. STATE

JUDGEMENT

(1.) APPELLANTS/accused 1 to 4 have filed this appeal against the conviction and sentence for life imprisonment with fine of Rs. 3000 under section 302 IPC against A1, life imprisonment with fine of Rs. 3000 under section 302 read with section 34 IPC against A2 to A4, rigorous imprisonment for five years with fine of Rs. 1500 under section 307 IPC against A2, rigorous imprisonment for five years with fine of Rs. 1500 under section 307 read with section 34 IPC against A1, A3 and A4, rigorous imprisonment for five years with fine of Rs. 1500 under section 307 IPC against A1 and rigorous imprisonment for five years with fine of Rs. 1500 under section 307 read with section 34 IPC against A2 to A4.

(2.) BRIEF facts leading to filing of this appeal can be narrated as follows:- A2 is the wife of A1. A3 and A4 are parents of A1. The deceased is one Subramaniam. PW3 Kandasamy is the elder brother of the deceased. PW2 Palanisamy is the son in law of the deceased. PW1 Sevi is the son of the deceased. A1 Raju and PW3 Kandasamy are neighboring land owners. There was misunderstanding and enmity between the family of A1 and that of PW3 in respect of common ridge between their lands and also in respect of taking grass from the said common ridge.

(3.) MOREOVER, PW10 viz. , Dr. Kothandaraman has also corroborated by giving evidence to the effect that PW2 Palanisamy came for treatment at about 9. 30 pm on 31. 1. 2000 with some injuries by saying that he sustained those injuries at about 8. 30 pm at Vellarnaickenpalayam with knife and he has noted two injuries as and they are grievous in nature and further stated that pw1 Sevi also came for treatment at about 2. 00 am on 1. 2. 2000 accompanied by police and on examination he was able to note two injuries as and they are simple in nature and he has also issued Accident Register Copies and Wound certificates marked as Exs. P14 to P17 and those injuries could be caused to them by M. Os. 1 and 2. PW12 Dr. Arulkumar who has done post mortem upon the dead body of the deceased Subramani has found two external injuries and many internal injuries and has given opinion to the effect that the said Subramani died due to the injuries sustained upon his lungs and heart and consequent haemorrhage and those injuries could be caused by M. O. 1 Kuthukol and it is significant to note that the said M. O. 1 Kuthukol has pierced through the body of the deceased Subramani visibly. Therefore, the evidence of P. Ws. 1 to 3 corroborated by medical evidence clearly shows that A1 Raju is responsible for causing death of father of PW1 viz. , Subramani and A2 Manimekalai is responsible for the injuries sustained by PW2 Palanisamy and A1 Raju is also responsible for causing injuries upon PW1. These facts also are being corroborated by the evidence of PW13 Investigation Officer vi z. , inspector of Police who has spoken about his examination of witnesses, taking police custody of the accused and recording of confession and recovery of weapons and PW14 is another Inspector of Police who has completed the investigation and filed charge sheet.