MURUGESAN Vs. STATE

JUDGEMENT

(1.) A-1 to A-3 are the appellants in this case. A-1 has been charged under Section 302 I. P. C. for causing death of the deceased. A-2 and A-3 have been charged under Section 302 read with Section 34 I. P. C. for attacking the deceased. A-1 also charged under Section 307 I. P. C. (two counts) for causing injury to P. Ws. 2 and 3. A-2 and A-3 have been charged under Section 307 read with Section 34 I. P. C. (two counts) in respect of causing injury to P. Ws. 2 and 3. A-3 has been charged under Section 323 (two counts) for causing injury to P. Ws. 2 and 3. A-1 and A-2 have been charged under Section 323 read with section 34 I. P. C. (two counts) in respect of causing injury to P. Ws. 2 and 3. A-1 to A-3 have been acquitted for the offences charges under Sections 307, 307 read with Section 34, 323, 323 read with Section 34 I. P. C. in respect of causing injuries to P. Ws. 2 and 3. The learned Additional Sessions Judge (Fast track Court No. 2), Salem has convicted A-1 under Section 302 I. P. C. and A-2 and a-3 under Section 302 read with 34 I. P. C. and sentenced them to undergo life imprisonment by the Judgment dated 15. 02. 2002 in S. C. No. 143 of 2001. The said judgment is under challenge by the appellants in this appeal.

(2.) THE accused as well as the deceased are the residents of the village called Easwaramurthipalaya m. P. Ws. 1 and 5 are the sons of the deceased. P. W. 2 is the Nephew of the deceased. P. W. 3 is the brother of P. W. 4 and the deceased. P. W. 4 is the father of P. W. 2. P. W. 6 is the sister of the deceased. P. W. 8 is the brother-in-law of the deceased. P. W. 7 also related to the deceased as P. W. 7's daughter-in-law's mother and the wife of the deceased are sisters. A-1 to A-3 also related to each other. A-1 is the brother-in-law of A-2. A-2 is the son of A-3. A-3 is the maternal uncle of a-1.

(3.) ON 15. 10. 1999 at 9. 30 p. m. , P. W. 20 received the telephonic message about the occurrence while he was functioning as Sub Inspector of police, Perukurich i. P. W. 20 went to Mangalapuram police station at 10. 00 p. m. and perused the documents relating to Crime No. 337 of 1999. At 11 a. m. he went to the scene of occurrence and prepared the Observation Mahazar , ex. P. 8, in the presence of witnesses. He also prepared the Rough Sketch, ex. P. 24, and held inquest on the dead body of the deceased. He examined witnesses. Ex. P. 25 is the Inquest Report. He recovered M. Os. 6 and 7, blood stained earth and sample earth from the scene under Ex. P. 5. Thereafter he sent the dead body with a police constable for post-mortem.