JUSTIN ALIAS JUNTINRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CRIMINAL Appeal No. 369 of 2004 has been preferred by A1 and A4, Criminal Appeal No. 161 of 2004 has been preferred by A2 and Criminal Appeal No. 127 of 2004 has been preferred by A3.

(2.) THESE appeals are directed against the Judgment dated 7. 1. 2004 made in S. C. No. 68 of 2001, on the file of the Sessions Judge, kanyakumari District at Nagercoil in convicting A. 1 under Sections 148, 449 and 302 IPC, convicting A2 and A3 under Sections 148, 449, and 302 r/w 149 IPC; convicting A4 under Sections 147, 449 and 302 r/w 109 IPC and sentencing each of them to undergo rigorous imprisonment for a period of one year under section 148 or 147 IPC as the case may be; rigorous imprisonment for 10 years under section 449 IPC, and to undergo life imprisonment under section 302 IPC; or 302 IPC r/w 149 IPC or 302 IPC r/w 109 IPC as the case may be.

(3.) THE brief facts of the prosecution case are as follows : the deceased Ramesh is the son of PW. 1, who was having workshop near Kuzhuthurai bridge. The deceased was working in that workshop. At about 2. 30 a. m. on 1. 10. 1997 pws. 1 and 2 were talking near the workshop; at that time, two persons came in an auto containing plastic cans of arrack belonging to fourth accused and others caused damage thereof. A4, upon hearing the same, came there, abused the deceased Ramesh and ventured to kill him and had gone away. It is at about 9. 00 p. m. on the same day, these four accused along with two absconding accused, came to the workshop, all armed with knife. Upon A4, identifying the deceased, directed the other accused to kill him; Al first assaulted with knife on the right wrist of the deceased and thereafter on his head with the same knife; a2 assaulted with knife on the left hand wrist of the deceased, which was warded off by him, it fell near the elbow; A3 cut the deceased on the left side thigh and front portion of the right thigh. The other absconding accused Rajan cut on the right side knee of the deceased. While hearing the shouting, all the accused ran away.