GOPAL @ GOPALAKRISHNAN; MATHAN @ MATHANKUMAR Vs. STATE

JUDGEMENT

(1.) The appellants are A.1 & A.2 in S.C.No.107 of 2012 on the file of the learned Principal Sessions Judge, Erode. There were two other accused by name Mr.Senthil @ Gopalakrishnan and Mr.Bharani and they were arrayed as A.3 and A.4 respectively. The trial Court framed as many as five charges against the accused as detailed below:- <FRM>JUDGEMENT_367_LAWS(MAD)3_2016.html</FRM>

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

(3.) The deceased, around 8.30 pm on 26.08.2010, called P.W.1 over phone and wanted him to come to his house. Accordingly, P.W.2 went to his house. The deceased told him that it was a shame for him that A.1 pushed him down and attacked him in the wine shop at 3.30 pm on 26.08.2010. Therefore, he wanted P.W.1 to accompany him to go to the house of A.1 and to demand him to apologize. Therefore, the deceased and P.W.1 went to the house of A.1 at 11.00 pm on the same day. But, A.1 was not in his house. All the four accused were just standing in front of a shop belonging to one Mr.Nataraj. On seeing them, the deceased and P.W.1 went near them. The deceased questioned A.1 as to why he attacked and abused him in the wine shop. He wanted A.1 to apologize for the same. A.1 told him that he was not prepared to apologize. This resulted in a quarrel and there were exchange of blows between the accused persons on one side and the deceased and P.W.1 on the other side. In the said fight between two groups, it is alleged that A.1 took out a knife from his waist and stabbed the deceased on his chest. A.3 caught him hold. A.2 also took out a knife and stabbed the deceased repeatedly. In the same quarrel, P.W.1 when attempted to rescue the deceased, was stabbed by A.1 on his abdomen and on the back of chest. He also sustained injuries. Then all the four accused criminally intimidated the people who rushed to the place of occurrence, on hearing the alarm raised by the deceased and P.W.1. Immediately thereafter, all the accused persons ran away from the scene of occurrence.