K SUBRAMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S.C.No.82 of 2001 on the file of the I Additional Sessions Judge-cum-Chief Judicial Magistrate, Erode dated 22.6.2002 by A3 (K.Subramani) and A4 (Nagaraj).

(2.) THE short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows: Due to previous enmity, on 12.10.1998 at about 7.00p.m., appellants A3 and A4 in S.C.No.82 of 2001 along with two other accused picked up quarrel with the deceased Thomas at Door No.167, P.C.T.Tyre shop, Park Road, Erode. In furtherance of the common intention, A1 had assaulted with a knife on the neck and stomach of Thomas and A2 with a knife had assaulted on the right cheek and back of Thomas and the present appellant A3 had assaulted the said Thomas with an aruval on the head and also A1 stabbed with a knife on the stomach of Kunjammal (P.W.16)and A3 had also assaulted witness Natarajan (P.W.1) with an aruval on the left cheek and left shoulder and A4 had stabbed Natarajan (P.W.1) with a knife on the back and after the occurrence, Thomas was taken to Government Hospital, Erode where he was declared dead, due to the injuries caused by the accused. THE injured Natarajan had preferred a complaint Ex P1 with P.W.17 Sub Inspector of Police, Karungalpalayam Police Station, who had registered a case in Crime No.853/98 under Sections 302,307,324 IPC. THE case was also taken on file by the Judicial Magistrate No.I, Erode and after furnishing copy under Section 207 Cr.P.C. THE learned Judicial Magistrate has committed the case to the Court of Sessions under Section 209 Cr.P.C. for trial. THE learned District Judge, Erode has taken the case for trial and framed charges under Section 302 r/w 34 IPC as against A1 to A3 and under Section 302 r/w 109 IPC against A4 and as against A1 under Section 307 IPC and as against A3 and A4 under Section 324 IPC and when the accused were questioned, they pleaded not guilty.

(3.) ON the basis of the evidence on the side of the prosecution question under Section 313 Cr.P.C. were put to the accused, who have totally denied the charges. The accused have not examined any witness on their side. After going through the oral and documentary evidence, the learned Sessions Judge, has come to a conclusion that the charges levelled against A1 to A3 under Section 302 IPC was proved and convicted and sentenced them to undergo life imprisonment and has also held that A1 is liable under section 307 IPC and A2 to A4 are also liable under Section 307 IPC read with 34 IPC. and convicted and sentenced to undergo seven years rigorous imprisonment each and has also convicted A4 under Section 302 IPC read with 34 IPC and sentenced to undergo life imprisonment. The accused were found not guilty under Section 324 and under Section 324 IPC read with 34 IPC and were acquitted under the charges.