CHANDRAN Vs. STATE

JUDGEMENT

(1.) THESE two appeals are by the accused. The first appeal is by the second accused and the second appeal is by the first accused.

(2.) THE case of the prosecution was briefly as follows: THE deceased Ganesan is the brother-in-law of P.Ws.1 and 2 and the husband of P.W.3. THEy are the residents of Korattur at Gangaiammankoil Street. On 2.2.1983 at about 6.30 P.M., the deceased Ganesan was sitting and talking with his nephew, P.W.1 near Radha Rice Mill, Korattur. At that time, the first accused accompanied by the second accused accosted him. THE first accused questioned Ganesan about his report to the police against him. THEn all of them moved towards Metro Barber shop. THE first accused all of a sudden caught hold of the neck of the deceased. THE second accused instigated at that time the first accused to finish Ganesan. Immediately the first accused took out from his pocket a button knife and stabbed the deceased on the left buttock and left flank. THE deceased moved a few yards and fell down. THE accused ran away.

(3.) P.W.16 on completion of the investigation filed the report under Sec.173, Crl.P.C. stating that an offence under Sec.302, I.P.C. and an offence under Sec.302 read with Sec.109, I.P.C, appeared to have been committed respectively by accused 1 and 2.