SHIVAN AND Vs. STATE

JUDGEMENT

(1.) The two appellants who are brothers were tried by the Sessions Judge, Dharmapuri at Krishnagiri in Sessions Case No. 34 of 1998 and the Sessions Judge by a Judgment dated 30-6-1989 convicted the Appellant No. 1 under S. 324, I. P. C. and sentenced to under go three years rigorous imprisonment whereas Appellant No. 2 has been convicted under Ss. 302 and 324, I. P. C. on two counts and sentenced to undergo imprisonment of life and rigorous imprisonment for three years for each count with the further direction that the said sentence should run concurrently. The said conviction and sentence have been challenged in this criminal appeal. The charge against A1 was under Ss. 302 read with 109 and 34, I. P. C. and under S. 324, I. P. C. Whereas the appellant No. 2 was charged for an offence under Ss. 302 and 324, I. P. C. on two counts as mentioned above.

(2.) The prosecution case in brief is as fol-lows :-

(3.) On 15-4-1987 at about 8 a.m. the deceased Chinnathambi quarrelled with the accused for the cattle being grazed his Ragi crops for which the accused threatened that the family members of the deceased should not pass through their land. At about 4 p.m. the deceased and P. W. 2 went to Kathirampatti to purchase betelnut and betel leaves. At about 8 p.m. P. W. 2, the wife of the deceased and P. W. 3 the daughter of the deceased were standing outside their house and P. W. 1 was inside. At that time they heard the noise of the deceased from the foot-path which passes through the house of the accused and all the three of them ran towards that place. There was moon-light on that day. When they reached the place of occurrence they noticed A2 cutting Chinnathambi, the deceased with M. O. 3 Koduyal. They saw Accused No. 2 with M. O. 3 Koduval and cutting on his left neck and Chinnathambi was lying there. A1 was standing nearby. On seeing this P. W. 1 raised alarm and at that time A1 cut P. W. 1 with M. O. 1 Koduval on the face near the left eye. As on receiving the cut, P. W. 1 started to run away from that place. Accused No. 2 threw M. O. 3 on P. W. 1 which fell on the back side of the neck. Again A2 with the inside portion of M. O. 3 assaulted P. W. 3 on her forehead and placed his leg on her neck and was stamping. On hearing the noise of P. W. 1 and P. W. 3, P. W. 4 who had gone with the deceased who had accompanied him and left the place returned to the scene of occurrence and saw the accused No. 2 stamping on the chest of P. W. 3. He pushed him away. P. W. 2 who had also sustained injuries narrated the incident to P. W. 4 and requested him to find out the whereabouts of P. W. 1 and accordingly P. W. 4 left the place in search of P. W. 1 Chinnathambi died on the spot and the accused ran away from that place carrying weapons with them.