JOHNY Vs. STATE

JUDGEMENT

(1.) THE Appellants were tried in S. C. No. 52 of 1984 on the file of the II Additional Sessions Judge, Madras for nine charges.

(2.) THE first charge against all the appellants was for an offence punishable under Sec. 148, I. P. C. , on the allegation that on 9. 10. 1983 at about 4 P. M. under a banyan tree at Ranganathapuram near the house of meignanamurthy (P. W. 1) they were members of an unlawful assembly armed with deadly weapons like pattakathi and ordinary knives and in pursuance of their common object of causing hurt to P. W. 1 and committing the murder of Ponnuswami, the father of P. W. 1, committed rioting.

(3.) THE eighth charge was framed against the appellants 1 to 4 (accused 1 to 4) for an offence punishable under Sec. 302, I. P. C. , or in the alternative under Sec. 302, read with Sec. 34, I. P. C. , in that they, in furtherance of the common intention of committing the murder of Ponnuswami, caused his death by the 4th appellant cutting Ponnuswami on his right ear, the first appellant cutting the deceased on is left ear, the second appellant cutting him on his left hand and the third appellant cutting him on the left leg.