VELUCHAMY Vs. STATE

JUDGEMENT

(1.) The appellants herein are accused 1 to 3 and 5 to 8 in S.C. No.22 of 2001, on the file of the I Additional Sessions Judge-cum-Chief Judicial Magistrate, Erode. The first accused stands convicted under Section 304(11), IPC and sentenced to undergo seven years' rigorous imprisonment and the second accused stands convicted under Sections 304(11) and 324, IPC and sentenced to undergo seven years' imprisonment and one year's rigorous imprisonment respectively and the third accused stands convicted under Section 324, IPC (two counts) and sentenced to undergo one year's rigorous imprisonment for each count and Accused Nos. 5 to 8 stand convicted under Section 324, IPC and each sentenced to undergo one year's rigorous imprisonment and the sentence of imprisonment are to run concurrently. Aggrieved by the said conviction and sentence, the appellants have preferred this Criminal Appeal.

(2.) The case of the prosecution in brief is as follows: P.W.1 is the son of one Nachimuthu Gounder, deceased in this case and P.W.2 is the brother of the deceased and P.W.3 is the wife of P.W.2: and P.Ws.4 and 6 are the nephews of the deceased. There was some dispute between the accused party and deceased party with regard to irrigating the field. On 20.8.1998 at 5.00 p.m.. the accused came with casuarina sticks and reaper and quarreled with P.Ws.2 to 4. At that time. the deceased father of P.W.4 came and interfered. Then the first accused saying that the deceased is responsible for all the troubles and so saving, he attacked him with a stick on his head. The second accused attacked the deceased on the left eye. Third and fourth accused attacked P.W.1 with reaper stick on his head. The accused 2,5, 6 and 7 also attacked others. A.9 and A.10 threw Chilly powder. After the occurrence, the accused fled away from the scene. The deceased was taken to the hospital and on the way he died. P.W.2 was admitted in the hospital.

(3.) P.W.15, Sub-Inspector of Police of Tharapuram Police Station on receiving the intimation, went to the Government Hospital, Tharapuram on 20.8.1998 at about 8.45 p.m., and received the Complaint from Kalimuthu-P.W.1 and registered a case in Crime No. 331 of 1999 for the offence under Sections 147, 148, 324 and 307, IPC and prepared the First Information Report-Exhibit P-27. He also received a Complaint from the 2nd accused Aruchamy who was also in the hospital and registered the case in Crime No. 332 of 1999 under Sections 148,147 and 324, IPC.