PICHAIPILLAI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed by the appellants/accused 1 & 2 against the judgment of conviction and sentence passed by the lower Court viz., Sessions Judge, Perambalur in S.C.No.79 of 2004 dated 27.4.2005.

(2.) THE charge against the accused is that due to previous enmity with one Manivel and his family, on 24.7.2002 at about 6.30 a.m. at Keelavarappankuruchi, accused 1 & 2 wrongfully restrained the said Manivel and his two sons Senthilvel and Elephant Raj; that in furtherance of the common intention to commit murder of Manivel and his two sons, on the same day at the same place and time, A1 brought Sulukki from his house and stabbed on the abdomen of the deceased, knowingly that it would likely to cause death and caused grievous hurt as a result of which his intestine protruded out and in spite of the best treatment given to the said Manivel, he succumbed to the injuries on 28.7.2002 at 4.00 p.m. and that when the act of the accused was questioned by Senthilvel and Elephant Raj, A2 cut Senthilvel on his back of the head with an Aruval and then cut on the left knee and left leg of Elephant Raj, with the common intention to commit murder, thereby A1 had committed the offence punishable under Sections 341, 307 r/w 34 (2 counts) and 302 I.P.C. and A2 had committed the offence punishable under Sections 341, 307 (two counts) and 302 r/w 34 I.P.C.

(3.) GROSSLY infected obliquely placed sutured stab wound with few intact silk sutures " Exit wound " noted over the left side of epigastric region of front of upper abdomen situated 2 cm lateral to the midline measuring 7 cm x 2 cm x abdominal cavity deep upper half of this wound was found to be superficial. Fowl smelling greenish yellow coloured thick pus found coming out through this wound.