KANAGU ALIAS KANAGARAJ ALIAS KANAGALINGAM Vs. STATE

JUDGEMENT

(1.) AMONG 11 accused, A-1 and A-2 were convicted for the offence punishable under Section 304 Part I r/w 34 IPC and was sentenced to undergo rigorous imprisonment for nine years. The second appellant is already undergoing imprisonment for life in S.C.No.84 of 1997 and the present sentence has been ordered to run concurrently. The other accused have been acquitted. All the accused have been originally charged for an offence under Sections 147, 342 and 302 r/w 149 IPC.

(2.) THE case of the prosecution is that P.W.1 and the deceased are friends. On 12.11.1993 at about 10.00 p.m both the accused were standing on the road leading to their house and were talking. At that time the first accused dashed against P.W.1 and on account of that there was a wordy quarrel. Even prior to this incident there was enmity between the first accused and P.W.1. A-1 ran out shouting that he was assaulted by P.W.1 and within 10 minutes A-1 returned back to the place, where P.W.1 and the deceased were standing, with 15 persons armed with sticks. On seeing the mob nearing, P.W.1 and the deceased ran away. A-1 and A-2 with sticks caused injury on the head of the deceased and the deceased fell down. After seeing this, P.W.1 went to the police station, which is 4 kms away and lodged a report at 11.30 p.m.

(3.) A-1 and A-2 was arrested on 16.11.1993 and 17.11.1993 respectively. Both the appellants have given statements and in pursuance of which M.O.8 and 9 blood stained casuarina sticks were recovered in the presence of P.W.5 and P.w.6, mahazar witnesses under a cover of mahazars Ex.P-19 and Ex.P-21 respectively. After examining the other witnesses, including the medical officer, P.W.9 laid charge sheet on 07.11.1994 for an offence under Sections 147, 148, 341 and 302 r/w 149 IPC.