SURESH; RANIAMMAL AND MOKKATHAI Vs. STATE

JUDGEMENT

(1.) The appellants are accused 1 to 3 in this case. Second and third accused are the mother and grand mother respectively of the first accused. The deceased is the mother of P.W.1 and wife of P.W.2.

(2.) The case of the prosecution, in short, is that there was a wordy quarrel between the accused and the deceased on account of filling up and closing of a well to form a passage and in pursuance of that, on 25/05/1999, at 7.00 A.M., the second accused caught hold of the deceased, the first accused caused injury on the head of the deceased with a weed remover and when P.W.1 intervened to save her, he was prevented by the third accused. Due to the injuries sustained, the deceased died on the same day in the hospital.

(3.) The trial Court framed two charges against the accused. As per the first charge, on 25.05.1999 at about about 7.00 A.M. at Poochampatti, the second accused wrongfully restrained the deceased and thereby committed the offence punishable under Section 341 of the Indian Penal Code. As per the second charge, during the course of the same transaction, when the second accused caught hold of the deceased, the first accused caused injury on the head of the deceased twice with a weed remover and further, kicked her on her flank and at that time, the third accused obstructed P.W.1, who rushed towards deceased to help her and thereby, A.1 to A.3 committed the offence punishable under Section 302 r/w. 34 of the Indian Penal Code.