MURUGESAN Vs. STATE

JUDGEMENT

(1.) THERE were 14 accused before the trial court, of whom the appellants herein, who were arrayed as accused 1 to 5 and 7 to 9 and the acquitted accused arrayed as accused Nos.6, 10, 11, 12,13 and 14, took their trial in S.C.No.137/98 on the file of the Additional Sessions Judge " cum " Chief Judicial Magistrate, Tuticorin, of whom, the appellants herein i.e., the accused 1 to 5 and 7 to 9 alone were found guilty for the offences punishable under Sections 148 and 302 read with 149 IPC. , and sentenced to undergo rigorous imprisonment for one year under section 148 I.P.C., and sentenced to imprisonment for life under section 302 read with section 149 I.P.C., and the rest of the accused were acquitted. This appeal is filed by the convicted Accused, who took their trial under various offences under different charges on the allegations that on 10.1.1997 at 6.00 P.M. near the house of Krishnammal (PW.1 in this case) in Kandasamipuram within the limits of Maniachi Police Station in Tuticorin district, all the appellants and the acquitted six accused armed with deadly weapons formed themselves into an unlawful assembly with intention to murder the deceased Rajasekar (son of PW-1) and indiscriminately made murderous attack by inflicting many fatal injuries as a result of which the victim Rajasekar instantaneously died on the spot itself and during the course of occurrence P.Ws.1 and 4 to 7 also received injuries at the hand of the accused.

(2.) THE case of the prosecution in short is that the appellants/accused and the acquitted accused are the residents of the village namely Kandasamypuram within the limits of Maniachi Police Station. THE deceased Rajeswaran @ Rajasekaran, the son of P.Ws.1 and 2, the husband of P.W.4 and son-in-law of P.W.6, during the time of occurrence, was residing with his parents and he was employed in a wine shop belonging to one Kundamperumal at Ottapidaram.

(3.) ON 09.01.1997, when P.W.4, wife of the deceased went to the Electricity Board to pay current bill, she was threatened by A-7 and Aadhilakshmi and one Subbulakshmi stating that if anybody adduced evidence against them, they would be killed. In the said quarrel, P.W.1 was kicked by A-13 and was dragged by other accused.