CHIDAMBARAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE appellants, who are accused nos.1 to 3 in Sessions Case No.233 of 1999 on the file of the Principal Sessions Judge, Kanyakumari District at Nagercoil, have filed this appeal challenging the judgment, dated 19.06.2002. Accused No.1 is convicted for the offence punishable under Section 302, I.P.C and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/ -, in default to undergo six months simple imprisonment. Accused Nos.2 and 3 are convicted under Section 302 read with Section 34 and under Section 341, IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/ - in default to undergo six months simple imprisonment and one month simple imprisonment under Section 341, I.P.C, respectively. The sentences were directed to run concurrently. The appellants will hereinafter be referred to as arrayed before the trial Court.

(2.) THE case of the prosecution is that on 09.08.1999 at about 9.30 p.m. when P.Ws.1 and 2 were standing at Melakrishnaputhur Junction for bus to go to Nagercoil, the deceased in this case Krishnakumar @ Kamaraj was coming from north. At that time, accused Nos.2 and 3 came from east quarrelled with the deceased, in which accused No.3 raised his hand to beat the deceased. Deceased escaped from that attempt and went to the house of accused No.1, who is the father of accused No. 2, to report the matter. Accused Nos. 2 and 3 followed him. Immediately, accused No.1 brought an iron rod from his house and beat on the deceased indiscriminately on his head. Accused No.2 also took an iron rod from the nearby hut and attacked the deceased on both the shoulders and near the left eye. Accused No.3 also attacked the deceased on both the legs and also on right wrist. This was witnessed by P.Ws.1 and 2. When they started shouting, all the accused ran towards eastern side. The enmity for the occurrence is that the deceased was a witness in a criminal case in which accused Nos.2 and 3 are accused. After investigation and following all the formalities, the investigating officer filed the final report against the accused.

(3.) TO prove its case, the prosecution examined 15 witnesses as P.Ws.1 to 15, marked Exs.P -1 to P -26 as well as M.Os.1 to 8. On the side of defence, no witness was examined, but Exs.D -1 and D -2 were marked. When the accused were questioned under Section 313, Cr.P.C., they denied their involvement in the case. The trial Court, after appreciating the oral and documentary evidence brought forth by both the sides, found all the three accused guilty, convicted and sentenced them as referred to earlier. Hence the present appeal.