DURAI ALIAS DURAI MURUGAN Vs. STATE

JUDGEMENT

(1.) THE above Criminal Appeal has been preferred by the accused, numbering four, as against the Judgment, dated 14.10.2004, passed by the learned Additional District Sessions Judge, FTC No.4, Poonamallee, in Sessions Case No.81 of 2004, whereby, the Court found them guilty of both the charges under Sections 341 and 302 read with 34 IPC and sentenced to undergo one year R.I. for the offence punishable under Section 341 IPC; and imprisonment for life for the offence punishable under Section 302 read with 34 IPC. And a fine of Rs.1,000/- payable by each of the accused, in default, to undergo imprisonment for three months. THE sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in short, is that PW-6 and the deceased were friends; that there was a quarrel between PW-6 and the accused, in which, PW-6 was assaulted by the accused, whereupon, a complaint was given by PW-6; that the deceased refused to accept the demand of the accused to help them by persuading his friend PW-6 for withdrawal of the complaint lodged by him; that the accused nurtured grudge against the deceased on account of the same; and that, with a motive to do away with the deceased, on 11.08.2003 at about 9 A.M., all the accused wrongfully restrained the deceased when he was traveling in his Motorcycle bearing Registration No.TN-20 U-4012 at Nagammai Nagar Main Road, near Murugappa Polytechnic at GTH Road, within the jurisdiction of Tirumullaivoyal Police Station; thereby, the first charge under Section 341 IPC. was framed against the accused. In the same place, all the accused, armed with knives, inflicted injuries on the deceased and as a result of the same, the deceased succumbed to death and thereby, the second charge under Section 302 read with 34 was framed. Initially, when the accused were questioned, they denied their complicity in the offence and therefore, trial of the case was taken up by the court of sessions. During the course of trial, the prosecution, in order to substantiate its case, examined PWS-1 to 15, marked Exs.P1 to P-27 and produced MOs.1 to 12. DW-1 was examined on the defence side but no document was marked.

(3.) A cut wound over right finger 2 x 1 x 1 cm with cut fracture of distal phalanx 2 x 1 x 1 cm.