R DHANASEKARAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.153/2000 on the file of Additional District Judge-cum-Chief Judicial Magistrate, Cuddalore. A1 to A3 and A7 are the appellants herein.

(2.) THE short facts of the prosecution case sans irregular materials are as follows: Due to previous enmity, A1 to A3 formed themselves into an unlawful assembly with common intention of committing murder of Narayanaswamy with deadly weapons like Iron pipes, knife and stones on 9.2.1998 at about 7.30 pm at Keezh Vilakkuthun Village, in the garden of Chenthamarai Kannan, waylaid P.W.1, P.W.2 and deceased/Narayanaswamy and in furtherance of the common intention, A1 to A3 assaulted Narayanaswamy with Iron rod causing grievous injuries, A1 has also assaulted Narayanaswamy with Iron rod on the left side of the hip thus causing instantaneous death to him. In the course of the same transaction, A4 assaulted P.W.2/Dhakshanamoorthy with a knife on the right leg causing injuries and A6 had caused cut injury on the left leg of P.W.2 and A7 with the help of Iron rod had assaulted the left knee of P.W.2 causing simple injury and A13 had assaulted P.W.2 on the right leg with a stone causing simple injury and A3 also assaulted on the left forearm of P.W.1/Sundaramoorthy with Iron pipe causing simple injury. A1 also assaulted P.W.1 on the left shoulder with Iron pipe causing simple injury, A2 had assaulted P.W.1 with an iron pipe on the left leg above the foot causing simple injury. A12 had assaulted P.W.1 with a stick on the nose causing simple injury. P.W.1 had preferred the complaint with P.W.15/THE Sub-Inspector of Police, Neyveli Town Police Station, who had registered the case in Cr.No.49/1998 under Section 307 IPC. But, subsequent to the death of Narayanaswamy in the hospital, the charge was altered into Section 147, 148, 347, 323, 324, 307, 302 r/w 149 IPC.

(3.) ON the basis of the above said evidence, the learned Judicial Magistrate has framed the questions under Section 313 Cr.C.P regarding the incriminating circumstances. When questioned, the accused totally denied the charges. The learned Sessions Judge after going through the evidence of both oral and documentary, has convicted A1 to A3 under Sections 148, 341, 324 & 302 IPC and A7 for the offence under Sections 148, 341 and 324 IPC and A12 & A13 for offences under Section 147, 341, 323 IPC and convicted and sentenced under various provisions of law under IPC and other accused have been acquitted by the learned Sessions Judge.