SELVA KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellants are accused Nos.1 to 6 in S.C.No.533 of 2004 on the file of the learned Additional District Sessions Judge - cum - Fast Track Court -I, Madurai. Appellants/accused 1 to 3 were convicted to undergo for the offence under Section 148, IPC and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.200/ - in default to undergo three months rigorous imprisonment; A -1 to 3 and 6 were convicted for the offence punishable under Section 302, IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/ - in default to undergo six months rigorous imprisonment; A -4 and A -5 were convicted for the offence under Section 147, IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.200/ - in default to undergo two weeks rigorous imprisonment; A -4 and A -5 were convicted for the offence under Section 341, IPC and sentenced to undergo three months' rigorous imprisonment and to pay a fine of Rs.200/ - in default to undergo two weeks rigorous imprisonment and were also convicted for the offence under Section 302 r/w 149, IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/ - in default to undergo six months rigorous imprisonment. A -3 was convicted for the offence under Section 324, IPC and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/ - in default to undergo three months rigorous imprisonment. Aggrieved by the sentence, the appellants preferred the said appeals.

(2.) THE case of the prosecution is that on 26.03.2003 at about 10.15 a.m., when the deceased, P.W.1 and others were standing near a STD booth at DRO Colony, Madurai, A -2 -Kathar Musthafa, A -1 -Karthikeyan and A -3 -Sankaralingam came there armed with weapons to attack the deceased. When the deceased ran near by Block No.A -20, A -4 and A -5 way laid the deceased and the other accused started to attack the deceased. A -2 gave a cut on the right side head and near the ear of the deceased; A -3 cut the deceased on his mouth and chin; A -2 cut the deceased on his hands; A -6 cut the deceased on his right side neck and also cut on his right chest and rib. When it was prevented by P.W.1, he was also attacked by A -3 on his right side neck. The accused left the scene of occurrence. The deceased who fell down was found dead. P.W.1 was taken to the hospital by P.W.3.

(3.) P .W.14, who was the Sub Inspector of Police of Tallakulam Police Station, received an intimation at 11.00 hrs. from Vadamalayan hospital. On receipt of the information, he went to the hospital and recorded the statement of P.W.1. On the basis of the complaint -Ex.P.1 given by P.W.1, he returned to police station at 12.00 hrs. and registered a case in crime No.220 of 2003 for the offences under Sections 148, 341, 307 and 302, IPC. Ex.P.6 is the first information report. He sent the First Information Report to the Court concerned and to the superior officials.