JEGANNATHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) APPELLANTS/a2 to A10 before the Trial Court in S. C. No. 10 of 2002 (A1 died during trial) have been convicted under sections 147, 148, 302 read with 34, 302 read with 149 and 324 IPC.

(2.) BRIEF facts behind this appeal can be stated as follows:-The deceased is one Perumal Kandar and PW1 Edison, PW2 Senthamaraikannan, PW3 Mohan and PW4 Prakasam are sons of the deceased Perumal Kandar. They are all residents of Anichampalayam village within the jurisdiction of Velur Police Station. Out of the nine accused, some of them are residents of Anichampalayam and others are residents of Nanjai Udayar village. A2, A3, and A4 are sons of A1. A4 is the father in law of A3. A8 is the son of A7. There was some misunderstanding and enmity between the deceased Perumal Kandar's family and the family of A1 Ramalingam in connection with ridges between their lands. Whileso, on 6. 5. 1997 at about 11. 00 am, A4 Rajendran, A7 Dhandapani and A9 Kandavel went to the house of the deceased Perumal Kandar and asked him to come for settlement through panchayat, but, Perumal Kandar refused and stated that the matter could be seen in the court itself. A4, A7 and A9 returned after warning that the family of Perumal Kandar would be destroyed. On the same day, at 8. 30 pm, PW1 Edison, PW2 Senthamaraikannan and PW3 Mohan were sitting in front of their house and having conversation. At that time, the accused viz. , A1, A7 A9 and A10 armed with Aruval, A2, A3, A4, A5 and A8 armed with sticks and reapers came there in an unlawful assembly. Further, A1 Ramalingam (since deceased) cut Perumal Kandar with aruval on his forehead, A9 cut with aruval on his right leg, A2, A3 and A4 beat Perumal Kandar with sticks and reapers indiscriminately on several parts of his body, A5 and A6 kicked Perumal Kandar with legs and in the meanwhile, PW2 tried to save his father Perumal Kandar from attack and at that time, A10 cut PW2 on his left backside of the head with aruval, A2, A3, A4 and A5 also attacked PW2 with sticks and reapers and at that time PW1 intervened and he was also attacked by A7 with aruval upon the left side of his head. Further, A2, A3, A4 and A8 assaulted PW1 with sticks and reapers indiscriminately and that while A4 Rajendran snatched the aruval from A1 and tried to cut Perumal Kandar. PW3 Mohan pulled the aruval from A4 and cut A4 on his left forearm and thereafter, all the accused ran away from the scene of occurrence. Subsequently, PW4 Prakasam son of Perumal Kandar took all the injured persons to the hospital and on the way, PW1 Edison got down from the auto at the Velur Police Station and gave complaint marked as Ex. P1 at about 9. 30 pm on the same date.

(3.) PW13 Sub Inspector of Police viz. , Chandramouli received Ex. P1 and registered this case as Crime No. 230 of 1997 and prepared express printed FIR marked as Ex. P22 and despatched the same to the Judicial Magistrate and his higher officials. Further, PW13 received intimation about the sustaining of injuries by A4 Rajendran from the hospital and proceeded to Velur Government Hospital and recorded the statement of A4 Rajendran at 10. 15 pm and came back to the police station and registered the same as Crime No. 231 of 1997 and prepared express printed FIR marked as Ex. P25 and took up investigation. PW13 visited the place of occurrence and prepared observation mahazar Ex. P26 and rough sketch marked as Ex. P27 and also recovered M. Os. 1 to 10 by preparing mahazar marked as Ex. P3 and also enquired Perumal Kandar and recorded his statement marked as Ex. P28. In the meanwhile, PW6 Dr. Vedamanickam, who attended the injured witnesses referred them to Government Hospital, Salem and thereafter the deceased Perumal Kandar was admitted at Palaniyandi Nursing Home, Salem on 10. 5. 1997 for effective treatment and however, Perumal Kandar died at 5. 00 am on 15. 5. 1997. Thereupon, intimation marked as Ex. P10 about the death of Perumal Kandar was sent to police.