S. GNANARAJ AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment in S.C.No.68/2005 convicting the first accused under Sections 302 (2 counts), 324 (2 counts) and 323, IPC and second accused under Sections 323, 341 and 302 r/w 34 (1 count), IPC and sentencing them to undergo life imprisonment and other sentences and also imposing fine.

(2.) CASE of prosecution in nutshell is as follows: Accused No.1 -Gnanaraj and one Aleep had some dispute in respect of enjoyment of a site. Pertaining to the same, criminal case was also registered against deceased Rajesh and Aleep. Due to which, Accused No.1 and 2 were having enmity towards Rajesh.

(3.) ON 22.12.2002 - 7.00 a.m., P.W.1 -Anbuchezhian @ Anburaj was starting to proceed to his work and saw first accused spitting. P.W.1 questioned him as to why he was spitting in the place where children are playing. Angered over the same, first accused threw stone on the head of P.W.1. Accused Nos.1 and 2 pushed aside P.W.1 and P.W.1 sustained abrasions on his left hand.