KALIMUTHU Vs. STATE

JUDGEMENT

(1.) THESE appeals have been filed against the conviction and sentence imposed on the appellants by the trial Court in its Judgement dated 17.10.2001 made in S.C.No.27 of 2000.

(2.) THE conviction and sentence imposed on the appellants are as follows:

(3.) PW.1, who subsequently turned hostile, joined the services of the deceased as his driver four months prior to the date of occurrence. On 8.11.1998, after visiting Sivagangai, Karaikudi and other places with regard to the election propaganda, the deceased returned to Devakkottai, at about 8.30 p.m.,. At about 8.45 p.m., the deceased was on his way to his residence. He was proceeding in his car driven by PW.1. Then in front of the St.Mary School, two known persons were standing on the Anna Salai as if they were doing some repair work to the vehicle - Bajaj M 80. The deceased asked the driver (PW.1) to stop the vehicle. The car was stopped. At that time, one of the two persons came towards the car staggering as if he was drunk. Therefore, the deceased shouted at him. At that time, the said person came behind and opened the door of the car where the deceased was sitting. The deceased shouted. 8 known persons came from St.Mary's School Street towards the car, damaged the car and pulled the deceased out of the car. There were 10 persons. Each of them was holding knives, aruvals, sticks and other deadly weapons. PW.1 shouted. One of the assailants attacked PW.1 also. Thereafter, another person stabbed him on the left side of the back. PW.1 fell down. Another person attacked the deceased on his head with an aruval. Another person cut the deceased below the left shoulder. Another cut the deceased above the left knee. Another repeatedly cut the deceased above the right hand elbow. Three others with their knife and aruval cut the deceased on the head repeatedly. Another cut the deceased on the right hand and severed his little finger. The deceased lay in a pool of blood. It was raining at that time. PW.1 sustained injuries on his back on the left side, and on the right side and on the head. He slowly got up. He went to the house of one Bala and told him that the deceased had been attacked. The said Bala came out of his house and on hearing his hue and cry, the mother of the deceased as well as uncle of the deceased (PW.6) also came out. They took the injured to Madurai Jawahar Hosptial. They were asked to go to the Apollo Hospital. When they went to Apollo Hospital, they were informed that the deceased had died. They returned to Devakkottai Government Hospital at about 1.30 a.m.,. PW.1 also went to the Government Hospital, Devakkottai without police memo and took treatment.