MUTHIAYYAN S/O CHINNU Vs. STATE

JUDGEMENT

(1.) This appeal is directed as against the judgment dated 01.08.2011 made in S.C.No.318 of 2009 on the file of the learned Principal Sessions Judge, Salem, thereby convicted and sentenced the appellant to undergo imprisonment for ten years and to pay a fine of Rs.1000/- in default of payment of fine to undergo rigorous imprisonment for three months for the offence under Section 304 Part(i) IPC, and also convicted and sentenced the appellant to undergo rigorous imprisonment for three months each for the offence under Section 323 r/w Section 34 IPC (3 counts). Before the trial Court, there are two accused in this case. The appellant is the first accused and the second accused viz., Chinnu, S/o. Iruson died during the trial.

(2.) The brief fact which leads to file this appeal is as under :- On 25.05.2009, at about 7.30 p.m., the appellant along with another accused, who is his father, due to previous enmity with the deceased and her family, picked up quarrel with regard to permitting one Sadaiyan P.W.10, to lay the bricks on the common pathway used by the accused as well as the deceased family. Due to the said quarrel, the accused scolded P.W.1 and the deceased with filthy language and also the first accused assaulted the deceased with neem wooden log on her head and the second accused assaulted the deceased with neem stick and caused grievous injury on her. When P.Ws.3 and 4 intercepted the quarrel, the accused 1 & 2 assaulted P.W.3 with hands and the first accused assaulted P.W.4 with neem wooden log on his left forearm and the second accused also assaulted P.W.4 on his head. The deceased was taken to the Government Hospital, Attur and she was given first aid and referred to Government Hospital, Salem. But she died on the way to the Government Hospital, Salem.

(3.) The injured witnesses P.W.1, 3 and 4 went to the Hospital for treatment. P.W.7 and P.W.8, the Doctors treated them and recorded the Accident Registers and issued wound certificates under Exs.P.11 and 13 to 16. P.W.15, the Sub Inspector of Police after receipt of the intimation, went to the Hospital and recorded the statement of P.W.1 under Ex.P.1, in which P.W.2 signed as witness, and registered a case in Crime No.255 of 2009 for the offences under Sections 323 and 302 of IPC. The First Information Report is marked as Ex.P.28. P.W.16, the Investigating Officer took up the investigation and enquired the witnesses and laid charge sheet against the accused under Sections 323 and 302 of IPC. The trial Court framed charges for the above said offences and the accused pleaded not guilty and claimed trial.