MANIVEL Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 07.09.2006 made in Sessions Case No.164 of 2006 on the file of the learned Principal Sessions Judge, Salem, whereunder the appellants were convicted for the offences punishable under Sections 341 and 302 read with 34 I.P.C. and sentenced them to undergo simple imprisonment for one month under Section 341 I.P.C. and to undergo imprisonment for life and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for six months under Section 302 r/w 34 I.P.C. Both the sentences were directed to run concurrently. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Honourable Court.

(2.) 1. The case of the prosecution is that the accused on 2.6.2005 at about 8.30 a.m. at Seenangorai, Nangavalli Taluk, in front of the house of the deceased Rukmani, on account of enmity with the deceased, are alleged to have obstructed the deceased and thereby committed an offence punishable under Section 341 I.P.C. During the course of the same transaction, the first accused armed with a stick is alleged to have caused injury on the head of the deceased and the second accused armed with a billhook is alleged to have caused injuries on the head, neck and limbs of the deceased repeatedly and caused her death, thereby committed an offence punishable under Section 302 r/w 34 I.P.C.

(3.) 1. The learned counsel for the appellants submits that the evidence of P.Ws.1 and 2, who are relatives of the deceased, must be eschewed from the consideration since they are interested witnesses. Their present at the scene of occurrence at the time of alleged offence is disputed. Exs.D1 to D3 were marked to substantiate the claim that P.Ws.1 and 2 were not present at the scene of occurrence on the fateful day. The evidence of D.Ws.1 to 3 are consistent that P.Ws.1 and 2 were present at the place of marriage at Bhavani and Exs.D2 and D3 have been marked to substantiate their presence and the photographs contained the photos of P.Ws.1 and 2. The marriage took place between 9 and 10.30 a.m. on 2.6.2005 and P.Ws.1 and 2 were present for the marriage as well as the betrothal which took place on the previous day evening.