SENTHIL KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 29.12.2009 rendered by the learned Additional District and Sessions Judge/FTC-I, Coimbatore in S.C.No.107 of 2009 where by the appellant/accused (herein after referred to as accused 1 and 2 for the sake of convenient) who were charged with and tried for commission of offences under Section 307 I.P.C. has been convicted and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs. 1000/- in default RI for three months for the offence punishable under Section 324 I.P.C. and the accused A2 is convicted and sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 500/- in default Simple Imprisonment for two months for the offence punishable under Section 323 I.P.C. The period of sentence already undergone is ordered to be set off under Section 428 Cr.P.C.

(2.) The case of the prosecution in a nutshell is that one Veerasamy, resident of Thiru.Vi.Ka.Nagar, Urmandampalayam, is working as a Mason. Pappathi is his sister and wife of Murugesan, who is working as a building mason. The accused were working under the said Murugesan. There was a balance of coolly amount due by Murugesan to the accused. The said Murugesan was avoiding payment of coolly. Therefore, the accused along with Alagesan @ Moorthy went to the house of Murugesan on 03.11.2008 at about 7.00 p.m., at Urumandampalayam. Being the wife of Murugesan, Pappathi obstructed them, A1 and Alagesan @ Moorthy picked quarrel with Pappathi and beat her. On knowing the said fact, her brother, Veerasamy went to the house and took her to CMCH for treatment. Later, there was a case registered before the Thudiyalur Police Station. Hence A1 developed grudge against the said Veerasamy and decided to close him with the help of A2. Due to such motive, on 09.11.2008 at about 8.00 a.m., near community hall situated at Jeeva Street, Urudmandampalayam within the limits of Thudiyalur Police Station,while Veerasamy was going to work, the accused A1 and A2 joined together with an intention to cause death of Veerasamy, picked quarrel with him by saying as "you should go to death and A1 cut the said Veerasamy on his neck with Aruval and when veerasamy warded it off with right hand, the cut fell on his right little finger, ring finger and middle finger. Again A1 cut the said Veerasamy on his left back; left elbow, left fore head and left leg with the same Aruval and A2, with an intention to cause death of Veerasamy by saying "you should go to death" beat him on his left leg with wooden log. As a result of the act of the accused 1 and 2, Veerasamy sustained simply injuries. The accused 1 and 2 did the act with such intention and knowledge and under these circumstances, if they by that act caused death, they would be guilty of murder. Thereby, the accused 1 and 2 committed an offence punishable under Section 307 I.P.C.

(3.) After the investigation, the Inspector of Police filed charge sheet as mentioned above to the Judicial Magistrate No. 1, Coimbatore. The said Magistrate Court has taken the same on file as PRC.No. 9/2009 and after completing the formalities, committed the case to the Principal Sessions Judge, Coimbatore. After the committal of the case, the Principal District and Sessions Judge, Coimbatore taken the case on file in S.C.No. 107/2009 and the Principal District and Sessions Judge, Coimbatore made over the same to the Additional District and Sessions Judge, FTC-I, Coimbatore.