PERUMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants who are brothers, the second appellant being the younger one, were tried in S.C. 88/82 on the file of the Principal Sessions Judge, North Arcot at Vellore, having been arrayed as A.1 and A.2 respectively, three charges. The first charge against both the appellants was for an offence under Section 307 of the Indian Penal Code read with Section 34 of the Indian Penal Code on the allegation that on 25-12-1981 at about 7.00 a.m. at Vedanthavani Village, in furtherance of their common intention they cut P.W. 2 Vadivelu on his neck and other parts of the body with knives.

(2.) The second charge against both the appellants was for an offence under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code for having caused the death of Ellammal wife of P.W. 2 Vadivelu (hereinafter referred to as D.1) by cutting her with knives on her neck and other places.

(3.) The last charge against both the appellants was for having caused the death of Lakshmi daughter of D.1 and P.W. 2 (hereinafter referred to as D.2) in the course of the same transaction by cutting her on her neck and other places with knives punishable under Section 302 of the Indian Penal Code read with section 34 of the Indian Penal Code.