THAMBI ALIAS SELVARAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.408 of 2000 on the file of the First Additional Sessions Judge (FTC No.1), Salem.

(2.) THE brief facts of the case of the prosecution is that on 16.12.1998 at about 7.30 pm A1 to A4 with an intention to kill the wife of Perumal with deadly weapons like wooden logs and suri-knife gathered in front of the house of the deceased and that there was an altercation between the group of the accused and the group of the Prosecution Witnesses and in the melee the first accused had inflicted grievous injuries on the left shoulder of P.W.1-Perumal and also inflicted grievous injuries on the right and left neck of the deceased Kunjan Padaiyachi, which resulted in the instantaneous death and in furtherance of the common intention, A1 had also assaulted other PWs causing simple and grievous injuries. A2 to A4 also assaulted the other PWs and caused simple and grievous injuries, thus the accused 1 to 4 have been charged under Section 324, 324 r/w 34, 302, 302 r/w 34, 304, 323, 341, 323 r/w 34 IPC.

(3.) P.W.2 has also corroborated the evidence of P.W.1, but she would depose that in the occurrence her daughter has not sustained any injury. But Kunjan Padayatchi was attacked by A1 with M.O.3 on the neck and he died instantaneously due to the injuries he had received at the hands of A1. She has deposed that she is not aware how P.W.1 had sustained injury in the occurrence.