SEMBATTAI @ SARAVANAN; MAKESH @ MAKESWARAN Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.187 of 2014 is the first accused and the appellant in Crl.A.No.35 of 2014 is the second accused in S.C.No.191 of 2012 on the file of First Additional Sessions Judge, Erode. They stood charged for offences under Sections 294(b) and 302 IPC. By judgment dated 08.07.2013, the Trial Court convicted them under Section 302 IPC alone and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for three months. The Trial Court acquitted the accused from the charge under Section 294(b) IPC. Challenging the said conviction and sentence, the appellants are before this Court with the above appeals.

(2.) The case of the prosecution in brief is as follows:-

(3.) On 10.02.2011 at about 11.15 p.m., at Gobichettipalayam near Indira Cinema Theatre, the deceased was standing and smoking cigarette. P.W.2 was by his side and he was talking to him. At that time, these two accused came there. The accused were enraged over the fact that the deceased was smoking cigarette in front of them. The first accused questioned him as to how dare he was to smoke cigarette in his presence, though he himself happened to be a big rowdy in that area. The second accused also shouted in a similar fashion. They used abusive language. Then both the accused started attacking the deceased with hands. The deceased fell down. The second accused kicked the deceased with legs and the first accused took a big stone lying there and dropped the same on the stomach of the deceased. P.W.2 raised alarm and at once, both the accused took to the heels. P.W.2 out of fear, vanished away from the scene of occurrence without intimating anybody about the occurrence. P.W.1 - the mother of the deceased heard that the deceased sustained injuries and was admitted in the Government Hospital, Gobichettipalayam. Immediately, she rushed to the hospital and found that the deceased was lying with injuries. Thereafter, on 13.02.2011, she took the deceased to a private hospital known as S.K.Hospital, Ram Nagar, Gobichettipalayam. At the time of admission, the Doctors were told that the deceased had fallen down from the first floor of the house accidentally and sustained injuries. The Doctors found that there were abdominal internal injuries. Therefore, surgery was conducted on his abdomen. His condition became worse. Therefore, on 14.02.2011, they discharged the deceased and forwarded him to yet another private hospital known as Dr.K.M.Nallaswamy Hospital, Erode for further treatment. Despite treatment, he died on 18.02.2011 on the way to Government Hospital, Erode.