KATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Appellants, who are accused 1 to 7 in S.C. No. 18 of 1984 on the file of the Court of Session, East Tanjore at Nagapatinam, were tried under nine charges and an additional charge so far as the 4th accused is concerned.

(2.) The first charge was against appellants Nos. 1, 5, 6 and 7 for an offence under Section 147 of the Indian Penal Code under which they were found guilty and sentenced to undergo rigorous imprisonment for six months. The second charge was against appellants Nos. 2, 3 and 4 under Section 148 of the Indian Penal Code under which they were found guilty and sentenced to undergo rigorous imprisonment for one year. The third charge was against the 2nd appellant under Section 302 of the Indian Penal Code for the offence of murder of Gurusami by stabbing him with a bitchuva on his left side of neck. He was found guilty under this charge and sentenced to undergo imprisonment for life. The fourth charge was against appellants Nos. 1 and 3 to 7 under Section 302 read with Section 149 of the Indian Penal Code. The Trial Court found them not guilty of this charge and acquitted them. The fifth charge was against the 2nd appellant for an offence under Section 307 of the Indian Penal Code in respect of the injuries caused to P.WA Sivasami. The Trial Court found him guilty under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year. The charges 6 to 8 were framed against the 3rd appellant for offences under Section 307 of the Indian Penal Code in respect of the injuries caused by him to P.W.3 Subravelu, P.W.5 Veeramani and P.W.lAruldoss, respectively. He was found guilty for an offence under Section 324 of the Indian Penal Code under these charges and sentenced to undergo R.I. for one year under each of the counts. The ninth charge was against appellants Nos. 1, 5 and 6 for offence under Section 341 of the Indian Penal Code for having wrongfully restrained P.W.4 Sivasami the deceased and P.W.lAruldoss. They were found guilty and sentenced to undergo simple I imprisonment for one month. The additional charge was against the 4th appellant under Section 324 of the Indian Penal Code far his having caused injuries to P.W.4 Sivasami. He was found guilty thereunder and sentenced to undergo R.I. far one year. All the sentences were ordered to run concurrently.

(3.) The brief facts, which led to the prosecution may be briefly stated: P.Ws. 1 to 7 and the appellants are Adi Dravidas of Kottarakudi situated 12 k.m. away from Nagoor Police Station. P.W.3 is the husband of P.W.2. P.W.4 is the elder brother of P.W.3. P.W.6 lives in the opposite raw to the house of the 1st appellant. 7 appellant is the wife of me 1st appellant. The 4th appellant is the san of appellants Nos. 1 & 7. It is the admitted case that the whale village belonged to Dravida Kazhagam Party.