KUNJAMMAL Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S.C.No.34 of 2002 on the file of the Principal District and Sessions Judge, Perambalur. There are totally three accused in this case. A1 and A2 were charged under Section 302 IPC and A3 was charged under Section 302 IPC r/w 34 IPC and A1 and A3 have been charged under Section 323 IPC.

(2.) ACCORDING to the prosecution, on 24.5.1998 at about 10.30 a.m., due to previous enmity, at the time of occurrence, A1 and A3 have assaulted P.W.1 Perumal with a stick causing simple injuries and A1 has also assaulted P.W.1's wife Valli P.W.2 with the same stick causing simple injuries on the left forearm and at the same occurrence, A1 and A2 have assaulted the mother of P.W.1 viz., Chinnaponnu with the same stick on the head causing instantaneous death and A3 with a common intention to kill Chinnaponnu along with A1 and A2 was also present at the place of occurrence. Hence A1 (two counts) and A3 were charged under Section 323 IPC, A1 and A2 were charged under Section 302 IPC and A3 was charged under Section 302 IPC r/w 34 IPC.

(3.) HEARD the learned counsel appearing for the appellant as well as the learned Government Advocate(Criminal side) appearing for the respondent and considered their respective submissions.