DHANABAL Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed by A1 and A2 in SC.NO.355/2005 on the file of the learned Additional District and Sessions Judge Cum Special Judge for EC Act Cases, Salem against the judgement dated 29.8.2006, convicting each of them under Section 304(1) of IPC and sentencing each of them to undergo four years Rigorous Imprisonment and to pay a fine of Rs.500/- in default to undergo Rigorous Imprisonment for two months.

(2.) THE case of the Prosecution is as follows:- THE incident had occurred on 7.7.1997 at 11.00 a.m.1st Appellant/A1 is the son of the 2nd appellant/A2. THE absconding accused against whom, the case was split up is the another son of the 2nd Appellant. PWs.1 and 2 are the brothers of the deceased Lakshmanan. PW.3 is the Village Administrative Officer of Daviskottai Village. On 7.7.1997, PW.3, his Assistant and the Revenue Inspector of Kadayampatti Village had gone to Vannankuttai on getting information that A1, A2 and the absconding accused were cutting the trees standing in the Government Poramboke land and prevented them from further cutting the trees. PW.3 had called PW.2 Govindaraj, who was engaged in the agricultural operations and enquired about the act of the accused in cutting the trees. On seeing the same, the absconding accused Venugopal rushed towards him to attack PW. 2. However, PW.2 ran away from the said place chased by the absconding accused and on seeing it, PW.1 and the deceased Lakshmanan tried to rescue their brother. At that time, the absconding accused attacked PW.1 with a knife on his right head and cut him on his back side of the head. A2 assaulted with a wooden log on the back and left hand of the deceased. A1 assaulted the deceased with a wooden log on his head and on his left hand and on the left side of his head. On hearing their cry, the other family members rushed to the spot and on seeing them, all the accused ran away from the place of occurrence.

(3.) PW.9 The Doctor Vallinayagam attached to the Salem Government Hospital conducted autopsy on 8.7.1997 at 11.45 a.m. and he has found the following injuries on the body of the deceased as per Ex.P11:- 1. An oblique lacerated injury present on right side of forehead 3.5 cms x 0.5 cm x bone deep. 2. Fracture dislocation of left humerus in its middle 1/3rd. 3. Contusion right cheek, 3 cms x 2 cms x 1 cm. 4. Contusion right temporal region of scalp, 8cms x 5 cms x 0.5 cm Dard red. 5. Fissured fracture of right temporal bone present 8 cms in length. 6. Subdural and subarchnoid hemorrhage present over both cerebran hemispheres. 7. Fracture middle cranial fossa present 3 cms in length.