ESWARAN Vs. STATE

JUDGEMENT

(1.) Since the issue involved in all these criminal appeals are one and the same, all the appeals are disposed of by this common judgment.

(2.) These criminal appeals have been filed against the judgment dated 29.02.2012 passed by the learned Additional Sessions Court/ Fast Track Court-I, Madurai in S.C.No.61 of 2011 convicting the accused 1 to 3/ appellants herein.

(3.) The case of the prosecution is that P.W.2/Rajamani was owning a tea shop in Nethaji Nagar, Vandiyoor and is residing at the back side of his tea shop. The appellant/A1 is said to have misbehaved indecently with P.W.2 in a drunken state and the same was condemned by P.W.2. Further, A1 also committed theft of sheep belonging to P.W.2. On 01.09.2010, during night hours, when Valli Thirumana Drama was staged, A1 once again behaved indecently with P.W.2 in drunken mood and therefore, P.W.2 / Rajamani warned A1 which created enmity between P.W.2 and A1. Thereafter, on 02.09.2010 at about 5:00 a.m., A1 along with A2 and A3 gathered near Anna Nagar, Vandiyur Main road new Kumar jet pump shop opposite to Meenakshi Mahal. At that time, when Rajamani/P.W.2 was travelling towards the east direction from the west side in his cycle, A1 to A3 restrained him and A3 caught hold of P.W.2 and A1 with an intention to kill P.W.2, took a sword and stabbed on the left side chest and right side hip of P.W.2. A2 also took a sword and stabbed deliberately on the left thigh and left knee of P.W.2. Therefore, Rajamani/ P.W.2 sustained injuries on his left knee and left chest and the accused A1 to A3 have committed offence under Sections 341 and 307 r/w 34 of IPC . The injured P.W.2 was taken to Meenakshi Mission Hospital for treatment by his son/P.W.1 and was given treatment for the grievous injuries caused by A1 to A3.