SURESHKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant in Cr. A. No. 476 of 2014 is the first accused; the appellant in Cr. A. No. 484 of 2014 is the second accused and the appellants in Crl. A. No. 456 of 2014 are the accused 3 to 5 in S.C. No. 154 of 2012 on the file of the First Additional District and Sessions Judge, Salem. They stood charged for the offences as detailed hereunder:- <IMG>JUDGEMENT_120_LAWS(MAD)6_2016.jpg</IMG>

(2.) By judgment dated 12.08.2014, the trial Court acquitted the 6th accused and convicted and sentenced Accused 1 to 5 as detailed below:- <IMG>JUDGEMENT_120_LAWS(MAD)6_20161.jpg</IMG>

(3.) The Accused 2 and 3 are the brothers of one Mrs. Anuradha (P.W.9). The 4th accused is the husband of Mrs. Anuradha. The 5th accused is the brother of 4th accused and the brother-in-law of P.W.9. The first accused is a close relative of the second accused. They were all residing at Chinnakollapatti Village in Salem District. P.W.9 married the 4th accused few year before the occurrence. P.W.1 - Mr. Viswanathan was residing at Chinnakollapatti village for some time. During that period, Accused 2 and 3 became his friends. On account of the same, he used to visit the house of Accused 2 and 3. In that process, P.W.1 met P.W.9, who was already married and developed intimacy with her. Then, P.W.1 eloped with P.W.9 to Bangalore and stayed there for about a months' time. The 4th accused went in search of P.W.9. At last, he found her in Bangalore along with P.W.1 and brought her back to the village. After this incident, P.W.1 shifted his family to Vellandivalasu near Edappadi. For about 6 years, he did not visit Chinnakollapatti at all, because of the above incident. However, Accused 1 to 5 had developed grudges against P.W.1. The deceased in this case was one Mr.Elango. He was a friend of P.W.1. On 05.12.2010, P.W.1 informed the deceased viz., Mr.Elango that he was visiting Chinnakollapatti Village. Mr.Elango was also a resident of Chinnakollapatti Village. As told by P.W.1, the deceased came to Gorimedu in Chinnakollapatti village. Around 1.30 p.m., P.W.1 reached the said place in his motor cycle (M.O.1). P.W.1 met the deceased and after some time, via Mariamman Koil temple, in order to purchase mortar trowel, they went together towards bazaar. At that time, the second accused was taking water in the public tap near the temple. On seeing P.W.1, the second accused got wild. He intercepted P.W.1 and questioned him as to how dare he had come to Chinnakollapatti Village. The deceased intervened and tried to persuade the second accused to forget the past event, which had happened many years before. The deceased and P.W.1 managed to leave the said place in the Motor Cycle. Again, they reached Gorimedu. They purchased liquor and drank. Around 6.30 p.m, again P.W.1 and the deceased proceeded to the bazaar to purchase mortar trowel. P.W.1 drove the motor cycle and the deceased was travelling as a pillion rider. When they were nearing a place known as Varma Garden, the Accused 1 to 5 came in two motor cycles. They intercepted P.W.1 and the deceased. They pushed P.W.1 and the deceased from the motor cycle. Then the third accused fisted on the right cheek of the deceased. The 4th accused held the neck of P.W.1. P.W.1 tried to escape. The second accused shouted at P.W.1 and with an aruval cut him on the right side of the chest. When he attempted to make another cut on the chest, P.W.1 prevented the same with his right hand. He sustained an injury on the right hand also. The deceased tried to pacify them. But the first accused suddenly stabbed the deceased with Suri knife on his chest. Then both the accused ran away from the scene of occurrence. It is alleged that when the first accused stabbed the deceased, the fifth accused held the hands of the deceased. P.W.1 and the deceased ran into Varma Garden. Within a short distance, the deceased fell down. P.W.1 ran some more distance and concealed himself behind the bush. At that time, incidentally, P.W.3 came to the place of occurrence in an auto. P.W.1 through his cell phone contacted his sister P.W.5 and informed her about the occurrence. Within a short while, P.W.5 and P.W.1s brother Muralikrishnan (P.W.4) came to the spot. They found the deceased lying dead. Then they took P.W.1 to the Salem Government Hospital.