ANNADURAI Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused 1 and 3 to 5 in S. C. No. 51 of 1993 on the file of the Second Additional Sessions Court, Pondicherry. THE appeal is filed against the conviction and sentence imposed on A1 to undergo rigorous imprisonment for three years for the offence under Section 304 part-II, IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for two months under Section 323 I. P. C. and A3 to A5 each to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/- each, in default to undergo rigorous imprisonment for two months each under Section 323 I. P. C. as per the judgment dated 31. 7. 1997.

(2.) THE brief facts that led to the filing of this appeal are as follows:- " (a) P. W. 1 is the father of the deceased Shanmugham and sister s-in-law husband of P. W. 2. P. W. 3 is the sister of P. W. 2. P. W. 4 is the daughter of P. W. 3 and step daughter of P. W. 2. A1 and A4 are brothers and sons of Sinnarasu. A2, A3 and A6 are brothers and sons of Periasamy. (b) As per the case of prosecution, the occurrence took place on 19. 6. 1992 at 9. 30 p. m. in New Colony, Sedarapet. P. Ws. 1 to 3, 6, 12 and 15 and Lingasamy , who is the father of P. W. 4 went to the grocery shop of A1 seeking explanation about A1 dashing P. W. 4 in cycle when she was returning along with her husband Kannan and P. W. 12, Unnamalai , because of which she fell down on the road. A2 to A6 were also present at that time. A2 instigated A1 and A3 to A6 to beat them. THE overt act by A1 to A6 are as follows:- " (1) A1 assaulted P. W. 1 with stick on his head and left shoulder. P. W. 1 fell down. A1 attacked P. W. 5 on his head with stick. P. W. 5 sustained bleeding injuries at the hands of A1. (2) A2 hit P. W. 1 with stone and kicked him on his hip. (3) A4 attacked P. W. 2 with stick on her head. A4 attacked p. W. 3 with stone on her both hands and thigh. A4 also attacked P. W. 4 with stone on her right little finger on her leg. A4 attacked P. W. 6 on her head. (4) A5 kicked P. W. 2 on her stomach. A5 also attacked p. W. 5 with stone. (5) All the accused surrounded P. Ws. 1 to 6. (6) When P. W. 1 s son, the deceased Shanmugam intervened and tried to rescue P. W. 1, A1 beat the deceased Shanmugam and he fell down. All the accused surrounded the deceased Shanmugam and stampede the deceased. " (c) All the injured left the scene of occurrence and went to the Jipmer Hospital, Pondicherry. THE deceased Shanmugam was not taken to hospital and was lying near the fence throughout the night. On 22. 6. 1992, P. W. 11 Madurambal found the deceased inside the fence of her house and informed to P. W. 10 Sarangapani. THEreafter, the deceased Shanmugam , was taken to the Jipmer Hospital, Pondicherry , where he was declared dead at 9. 00 a. m. and intimation was sent to the Katterikuppam Police Station. (d) On receipt of information, P. W. 16, the then Sub inspector of Police, Katterikuppam Police Station went to the Jipmer Hospital and on receiving the complaint Ex. P-1 from P. W. 1 he registered the same in Crime No. 53 of 1992 under sections 147, 148, 302, 325, 323 read with 149 I. P. C. THE printed F. I. R. is ex. P-6 and sent the same to all higher officials. (e) Investigation was taken up by P. W. 17, the then inspector of Police, Thirukkanu r Circle, Pondicherr y , who on arrival of scene of occurrence prepared rough sketch Ex. P-7 and observation mahaza r Ex. P-8. He made arrangement to take photographs through P. W. 15 Police Photographer. P. W. 17 recovered the sticks (M. Os. 1 to 4) from the scene of occurrence. He conducted inquest over the body of the deceased and Ex. P-10 is the inquest report. THE body was sent to the post-mortem through Head Constable P. W. 14. P. W. 17 examined the witnesses and recorded their statements. P. W. 17 arrested A1 and A3 to A5 at 11. 00 a. m. on 22. 6. 1992 at Karasu r. He sent all the documents and material objects to the Court and after completion of investigation filed the final report. "

(3.) IT is reported that during the pendency of this appeal A3 panneer died.