BOJARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal by the accused. The accused and the deceased are cousin brother. They are living in Bojananpatti village in Anna District. There was a dispute regarding land between the deceased Nagasamy and the land should give Rs. 10,000 to the mother of the accused and her sister within three months. Such an agreement was arrived at 22-11-1983. While as on 8-12-83 when Nagasmay started ploughing the land the accused and his men from continuing the work and Nagasamy came and reported the matter of P.W. 1, who is another cosin brother and one to the panchayatdars. P.W. 1 called the mother of the accused and her sister and told them that now that the matter has been setted by the Panchayat to the effect that the land should belong to Nagasamy, why they were still creating troubles on the matter. He further instituted them: you get the money as ordered and do not create any further trouble. Then the accused intervened and said: Before giving us the money promised, Nagasamy to give money and that the accused should not speak in such an unreasonable manner and then all of them went away. The P.W. 2 son of Palanichamy Gounder, going to the house with a plough. Then the accused came out from the maize field at 9 a.m. and finding Nagasamy, who was coming from the opposite direction in a bicycle intercepted him and started a wordy altercation repeating the some refrain, viz., You do not leave the land you do not give money, you are trying to cheat me and my mother. He further threatened Nagasamy and slapped him. Nagasamy fell down. Then the accused picked up some stones which were near by and threw them at the head of Nagasamy P.W. 1 and P.W. 2 appealed to the accused to stop pelting stones at Nagasamy and then Bojaraj (accused) fled away into the maize field. Nagasamy was then taken care of by P.W. 1 and P.W. 1 and they found bleeding injuries on the head and on the face of Nagasamy. Then one Thirumoola Goundear, not examined P.Ws. 1 and 2 shouted sayin, Bajoaraj is running away stop him and arrest him. Then a lot of people from the village gathered and saw Nagasamy. Nagasamy was placed in a cot and then P.W. 1 Thirumoola Gounder, P.W. 2 and P.W. 7 took Nagasamy to Vadamadurai Police Station.

(2.) Upon the complaint of P.W. 1 a case in Crime No. 278 of 1983 for an offence under Section 307 of Indian Panel Code, was registered by P.W. 17, Head Constable attached to Vadamadurai police station. The police there arranged for the transport of Nagasamy to Dindigul Hospital through a taxi belonging to P.W. 10

(3.) P.W. 4, Doctor attached to Government Head Quarters Hospital, Dindigul, examined Nagasamy at 11.00 a.m. and he found on him the following injuries: