DHARMARAJ Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant (A-1) aggrieved by the judgment of the IV Additional District and Sessions Judge, Tirunelveli, made in S.C.No.434/2015 dtd. 10/11/2017 convicting and sentencing the appellant as follows:

(2.) The deceased accused Babu had gone to the residence of one Vijaya (P.W.-5) on 10/8/2013 at about 8.30 p.m. and had attempted to misbehave with her. This was informed by P.W.-5 to her husband and he complained to P.W.-2. The deceased accused Babu was called and he was advised not to repeat the mistake. At that point of time, the deceased Jeyakumar had scolded the deceased accused Babu that he is also born for a mother and has a sister and why he should have such a perverted mind and saying so, he had slapped the deceased accused Babu. Therefore, there was a previous enmity. On 12/8/2013, at about 8.00 p.m., the said deceased accused Babu came along with the other accused persons in a Maruti Car (M.O.-4). The deceased accused Babu pointed out the deceased Jeyakumar to the other accused persons and he caught hold of the hands of the deceased Jeyakumar and A-1 is said to have stabbed the deceased on the right and left side of the stomach and A-2 and A-3 are said to have held the legs of the deceased. When P.W.-1 attempted to prevent the occurrence, A-1 attacked him with knife resulting in P.W.-1 sustaining injuries in the right fore arm. Hearing the noise, Jeyapaul, David, Selvin, Anand, Rajendran (P.W.-2), Thangavel (P.W.-3) and Jeya (P.W.-5) went to the place of occurrence and they were also threatened with dire consequences. The deceased Jeyakumar ultimately died on 16/8/2013 at 1.30 a.m. in Thiraviam Orthopedic Hospital.

(3.) The injured (P.W.-1) was taken to the Thiraviam Hospital at about 10.00 p.m. along with the deceased. He was treated in the hospital and on 13/8/2013, at about 12.15 a.m., the Sub Inspector of Police of Koodankulam Police Station (P.W.-14) came to the hospital and took a statement from P.W.-1 in the hospital and reduced the same into a complaint (Ex.P-1). Based on the said complaint, an FIR (Ex.P-18) was registered at about 2.00 a.m. in Crime No.208/2013 for offence under Ss. 341, 324, 307 and 506 (ii) IPC. He also collected the dress materials (M.O.-2 and M.O.-3) that were worn by the deceased Jeyakumar and it was sent under Form 95 to the Court.