VADIVELU Vs. SIVAGNANAM

JUDGEMENT

(1.) OF Accused 1 to 4 who faced trial for various offences in Sessions Case No.85 of 1981 on the file of Court of Session, Trichy, accused 1 and 4 were convicted and sentenced to imprisonment for life for the offence under Sec.302 read with Sec.34, I.P.C. While accused 2 and 3 were acquitted of all the offences in respect of which they stood charged, and accused 1 and 4 were acquitted in respect of other charges. Aggrieved by the conviction and sentence, accused 1 alone preferred appeal. While hearing the appeal, we entertained a doubt as respects the correctness of the finding given by the court below against accused 4, Therefore, suo motu revision is taken up on his behalf so as to see that no prejudice is caused to the cause of justice.

(2.) ACCUSED 1 and 4 are the residents of Thavittupatti, within the jurisdiction of Thuraiyur police station. ACCUSED 2 to 4 are the sons of accused 1. Palaniyandi (since deceased) and accused 1 are brothers. P.Ws.l and 2 are the sons of the deceased. The deceased and his sons, P.Ws.1 and 2, who were away at a Malaysia for quite sometime returned to India in the year 1970 once and for all with all their earnings they had in the foreign soil. ACCUSED 1 demanded from the deceased a share in his earnings to which course, the deceased was not amenable. Due to this accused 1 also refused to give to the deceased share in the family properties Consequently, the deceased filed a suit in sub Court, Trichy for partition. Thereafter want of cordial relationship between the two families came to prevail. The civil proceedings got terminated in favour of the deceased in giving him l/3rd share in the lands and other properties of the family.

(3.) P.Ws.1 and 2 and the deceased went to Thuraiyur Police station at 9 A.M. P.W.1 gave Ex.P1 complaint to P.W.15 the Sub Inspector of Police, who in turn registered the case in Crime No.425 of 1980 under Secs.324, 325 and 326, I.P.C P.W.15 referred the injured P.Ws.1 and 2 and the deceased to the Government Hospital, Thuraiyur for treatment.