P MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S. C. No. 99 of 1999 on the file of Court of II Additional Sessions Judge, Erode.

(2.) THERE were totally six accused charged under Sections 147,148,449,307,307r/w 149,323,302 and 302 r/w 149 IPC. Out of six accused, A1 and A2 alone were convicted. A1 was convicted under Section 304 (ii) IPC to undergo five years Rigorous Imprisonment and A2 was convicted under Section 323 and sentenced to pay a fine of Rs. 500/ -. All the other accused have been acquitted under the various charges levelled against them under the Indian Penal Code. A1 is the appellant herein.

(3.) THE short facts of the prosecution case as narrated in the charge sheet are as follows: on 10. 12. 1997 at about 11. oop. m. , near Ammankoil Thottam, Thottakudyaampalayam, Vempathi Village, Anthiyur , the appellant along with the other co accused formed themselves into a unlawful assembly with deadly weapon like Suriknife, sticks, and stones criminally trespassed into the house of Eswari and with a motive to kill P. W. 2 Palanisamy repeatedly attacked him with stick and stone and in the course of the transaction A1 stabbed Eswari with Suriknife and thus caused instantaneous death to her.