LOGANATHAN Vs. STATE

JUDGEMENT

(1.) CHALLENGING the judgment of the Additional Sessions Judge, Vellore dated 26.03.2004 made in Sessions Case No.127 of 2000, the appellants have filed this appeal. Before the trial Court, accused 1 and 3 were charged under sections 302 and 307 of the Indian Penal Code and the second accused was charged under sections 302 and 307(2 counts) of the Indian Penal Code. The trial Court found all the accused guilty under section 302 of the Indian Penal Code and sentenced them to undergo life imprisonment and to pay a fine of Rs.3,000/- carrying a default sentence of rigorous imprisonment for six months. Accused 1 to 3 were acquitted of the charge under section 307 of the Indian Penal Code. Instead, accused 1 and 3 were convicted for the offence under section 324 of the Indian Penal Code and the second accused was convicted for the offence under section 324 (2 counts) of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.2000/- and in default to undergo rigorous imprisonment for six months. The second accused was sentenced to undergo a similar sentence for each count.

(2.) THE case of the prosecution, shorn of unnecessary details, could be stated thus : Accused 1 to 3 are brothers and they are sons of one Chinnasamy. P.W.5 is the wife of the deceased Subramani. P.Ws.3 and 4 are their sons and P.W.6 is their daughter. THE deceased Subramani was having a brick chamber. THE deceased used to store fire wood at the brick chamber. P.W.1 Selvam, P.W.2, Anusuya and one Mala are the employees of the deceased for the purpose of preparation of soil to be used for the manufacture of brick. THEy all belong to Idayankulam village near Kamavanpettai. P.W.5 Pushpa's father Narayanan was murdered by Chinnasamy, the father of the accused. Both the families had a dispute over the ridge dividing their lands and in that regard they had quarrelled on the night of 08.06.1999.

(3.) ON completion of the evidence on the side of the prosecution, the accused were questioned under section 313 of the Code of Criminal Procedure and they denied them as false. No witness was examined on the side of the accused. After completion of the evidence and arguments on either side, the trial Court, on considering the arguments and upon perusing the materials available on record, found that the prosecution has proved the charges against all the accused beyond all reasonable doubts and therefore convicted and sentenced the accused as referred to above. Hence, the appeal at the instance of the appellants/accused 1 to 3.