SOBITHARAJ Vs. STATE

JUDGEMENT

(1.) EIGHT accused persons were sent up for trial before the Additional Sessions Court, Nagercoil, in S.C.No.97 of 1996 on charges under Secs. 148, 149, 341 and 302, I.P.C. Accused No.8 was also charged separately under Sec.304, I.P.C. The learned Sessions Judge by order dated 10.9.1997 convicted all the accused, viz., A-1 to A-8 and found them guilty for offences under Secs. 148, 341 and 302, I.P.C. and sentenced them to undergo imprisonment for life for offence under Sec.302, I.P.C. and three years imprisonment for the offence under Sec.148, I.P.C. and simple imprisonment for one month for the offence under Sec.341, I.P.C. and all the sentence to run concurrently. But, he acquitted accused No.8 on the charge under Sec.304, I.P.C. Except accused No.8, accused Nos.l to 7 are appellants in all these appeals.

(2.) THE prosecution case may be stated as follows: On 26.8.1993, at about 8.15 p.m., when P.W. 1 and the deceased were standing and conversing in front of A.B.T. Parcel Office, in Karungal Kurumbanai Road, all the appellants herein, armed with vettukathies formed an unlawful assembly and encircled the deceased with intention to kill him. When encircled, accused No.1 instigated the other accused, stating that Alphones lost the election on account of the deceased and directed them to kill him and he also inflicted injuries on his left jaw, left rib and again on the head twice. THE dhoti of the deceased fell down. Accused No.2 caused two cuts on the back of the head of David (deceased) with vettukathi. THE 3rd accused, stating, "Are you a big rowdy"", cut the deceased on his right shoulder thrice and on the front portion of his neck. Accused No.4 cut twice on the upper portion of the thigh of the right leg. Accused No.5 cut on the left leg and ankle. THEn the deceased fell down and accused No.6 cut on the right leg, four times. Accused No.7 cut the ankle with vettukathi. Accused No.8 caused three cuts on the right buttock and another cut below the right buttock, thus causing four cut injuries and again a cut injury on the left arm on the upper portion of the right arm. THE cut made at the right back of the deceased fell on his chest. When P.W.I attempted to ward off the blow aimed by accused No.3 on his head, since P.W. 1 bent down, it fell on the back of his head and caused injury. P.W.3 came to the scene of occurrence making loud noise. P.W.2 also claims that he witnessed the occurrence. P.W.3 also witnessed the occurrence. P.W.3, witnesses Paul Daniel and his wife Thankabai and also came to the scene of occurrence, crying. THEn, the accused left the spot with their respective weapons. While going, they threatened the neighbouring shop keepers that they would be extinguished if they speak about the incident. P.W.I and Paul Daniel took the deceased David to C.S.I. Hospital at Neyyoor and David died at the Hospital at 9.35 p.m. P. W. 1, since he was also injured took treatment in the same hospital.

(3.) INCISED wound 2 cm. x 1/4 cm. in front of neck with thyroid cartilage out.