MATHIAZHAGAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional Sessions Division, Fast Track Court-II, Kancheepuram made in S.C.No,357/2007 whereby the appellants, 4 in number, stood charged, tried and found guilty as follows: TABLE The sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further learned counsel, in the instant case, the prosecution miserably failed to proved the case. Even assuming the factual position that the accused have attacked the deceased at the time of occurrence, as per the prosecution, there was wordy altercation when P.W.3,wife of the deceased took water from the public tap. The same was questioned by Seniammal. At that time, the deceased intervened. Thus, there wordy altercation and due to sudden quarrel A1 has attacked him on his head while A2 to A4 even as per the prosecution have attacked only on the legs and they did not have any common intention to commit the crime. Even as per the post mortem doctors opinion, the injury that was found on the skull was actually fatal, which according to the prosecution, was caused by A1. In the absence of anything to indicate that they had common intention, it cannot be stated as one of murder. This factual position and the legal aspects have not been considered by the trial Court and this Court have to consider all these aspects and render justice.