KAMSAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Tiruvannamalai against A.1, A.3 and A.4 for the offences under Sections 120(B), 302 and 307 I.P.C., in S.C.No.82 of 2003 dated 29.04.2005.

(2.) THE case of the prosecution is that A.1, A.3 and A.4 and the deceased accused A.2 were living in Alangaramangalam Pudur Village. A.1 and A.2 are brothers and A.3 and A.4 are their respective sons. There was a dispute in between the accused on the one part and one Kannairam who is an adjacent land owner, in respect of taking water from Kannairam's Well to his land. For the said dispute, a panchayat was held on 01.12.2002 and in that panchayat, the said Kannairam was permitted to take water from his Well through the lands of the accused by using hose pipe which was decided by one Chinna Gounder and for that, accused 1 to 4 had objected and they also threatened Chinna Gounder and his family. The accused went away from the panchayat and on that day itself, A1 to A4 had met together at the house of A.1 and had planned to mix poison in Brandy and to make Chinna Gounder and his family members to drink the same in order to cause death of the entire family and thus, they conspired and accordingly, A.3 and A.4 had brought Brandy, plantains and - kilo mixture in a bag from Polur and they mixed pesticides with the Brandy already brought by them and on 03.12.2002, at about 4.00 a.m., A.2 had taken the poison mixed Brandy, - kilo mixture and six plantains in a bag and had placed the same adjacent to the house of Chinna Gounder. The said bag was taken by one Mani son of Chinna Gounder by 5.00 a.m. He had seen the eatables and gave the same to his children and put the Brandy bottle in the bureau which was noted by Chinna Gounder. After he returned from work, he was informed by the family members that Chinna Gounder drank the Brandy and was feeling stomach ache. Immediately, on suspicion P.W.4 -Mani also drank little Brandy from that bottle and he also suffered stomach ache. Immediately, they were taken to hospital, where Chinna Gounder was pronounced dead. Thereafter, the said Mani was taken to Vellore Hospital and there, he took treatment for about 17 days and thus accused 1,3,4 and the deceased A.2 had committed offence under Section 120(B), 302 and 307 I.P.C.

(3.) CHINNA Gounder was cremated by P.W.1 on the next day. Later, on 05.12.2002, on some belief, P.W.1 asked the Village Administrative Officer, to report the death of his father to Porur Police Station. That complaint is Ex.P.4.