VADIVEL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CRIMINAL Appeal No. 31 of 2001 has been filed by the accused 1,2 and 4 as against the judgment, dated 19. 12. 2000 passed in S. C. Nos. 162 of 2000, by the learned I-Additional Sessions Judge cum Chief Judicial Magistrate, trichirappalli, and to set aside the conviction of A. 1 under Section 304 (ii) IPC and sentence imposed upon him to undergo RI for 6 years and to pay a fine of Rs. 1000/- in default to undergo RI for 6 months; to set aside the conviction under Section 324 IPC and sentence imposed on him to undergo RI for 2 years and to pay a fine of Rs. 500/= in default to undergo RI for 3 months; to set aside the conviction of A. 2 and A. 4 under Section 324 IPC and sentence imposed on each of them to undergo RI for 2 years and to pay a fine of Rs. 500/= in default to undergo RI for 3 months.

(2.) CRIMINAL Appeal No:60 of 2001 has been filed by the accused 1,2 and 9 as against the judgment, dated 19. 12. 2000 passed in S. C. Nos: 129 of 2000, by the learned I-Additional Sessions Judge cum Chief Judicial Magistrate, trichirappalli, and to set aside the conviction of A. 1 under Section 304 (ii) IPC and sentence imposed upon him to undergo RI for 6 years and to pay a fine of Rs. 1000/= in default to undergo RI for 6 months; and to set aside the conviction of A. 2 and A. 9 under Section 324 IPC and sentence imposed on each of them to undergo RI for 2 years and to pay a fine of Rs. 500/= in default to undergo RI for 3 months.

(3.) THE brief facts of the case leading to the filing of Crl. A. No:31/01 are as follows:-P. W. 1 is the brother of the deceased Pichai. Pw. 2 is father of P. w. 1. PW. 3 is his younger brother. A. 1 is younger paternal uncle of P. W. 1. A. 2 and A. 3 are his sons. A. 4 is his distant brother. A. 5 is son of P. W. 1's elder paternal uncle. A. 7 is a relative of PW. 1. A. 8 is elder paternal uncle of P. W. 1. Thus both the parties are related to each other. There was a prior enmity between the prosecution witnesses and the accused with regard to allotment of ancestral land. On 19. 5. 1999 at about 9. 00 a. m. , near Mangani Mariamman Kovil at kazhanivasalpatti, all the accused armed with Aruval, Knife, and Cycle Chain assembled unlawfully and the first accused stabbed one Pichai on his left side of his ear portion thereby cutting the vain and nerves, the 8th accused attacked p. W. 2 with Aruval on his hands, the 6th and 7th accused and one Thangavel beat pichai with their hands, 5th accused and one Alazhagar attacked P. W. 3 with the back of the Aruval all over his body, the 4th accused caused injury on P. W. 1's left upper portion of eyebrow with the back of the Aruval, the first accused stabbed him on his right hand finger portion, the third accused beat him with cycle chain on his back and thus all the accused abetted A. 1 to commit the murder of Pichai. Therefore, the respondent after investigation filed final report against the accused under Sections 147, 148, 341, 323, 324, 302 and 149 r/w 302 IPC.