PHILIPRAJ Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the conviction and sentence imposed by the learned I Additional Sessions Judge (Protection of Civil Rights), Thanjavur in Sessions Case No.147 of 2004, dated 10.07.2008.

(2.) The case of the prosecution is that the first accused is the father of accused 2 and 3. The deceased is one Dhanapal. The deceased and the wife of the first accused namely Leema Rose, have developed illegal intimacy. Their relationship was objected to by the first accused and the villagers. A panchayat was also convened under the leadership of P.W.5 Rajamanickam. All the accused have also warned the deceased Dhanapal and the wife of the first accused not to continue the relationship. Inspite of such warnings, they have continued their relationship. Even then, both the deceased and the wife of the first accused have not heard the words of the accused family and they have continued their relationship. While so, on 28.10.2002 there was a quarrel between the first accused and his wife, due to which, the wife of the first accused had left from her matrimonial home. All the accused have decided that because of the deceased only the wife of the first accused has not returned home. Therefore, they decided to eliminate the deceased. While so, on 28.10.2002 at about 7.00 p.m when the deceased was proceeding in front of the accused house, all the three accused followed him and assaulted with the deadly weapon due to that the deceased sustained severe injuries. Immediately, on hearing the sound, P.W.2, P.W.3 the brothers of the deceased went to the scene of occurrence and they had taken the deceased to the hospital, where, he was declared dead. In the meantime, the first accused himself surrendered before P.W.1, the Village Administrative Officer and had given extra judicial confession before the said V.A.O and also surrendered the aruval. P.W.1 has recorded the statement of the first accused and handed over the said written statement, Ex.P1 along with the first accused to the Police Station. Thereafter, the respondent police has registered a case in Crime No.207/02 for the offences punishable under Section 302 read with 34 I.P.C . After completing the investigation, charge sheet has been filed.

(3.) The accused in this case were arrayed as A1 to A3. Since A2 is a Juvenile, the case against him was split up and tried separately by the Juvenile Justice Board. Therefore, the third accused was arrayed as a second accused in this case and the charge was framed against A1 and A2 by the learned II Additional District Munsif Cum Judicial Magistrate, Kumbakonam.