MANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants A-1 to A-5, challenging the conviction under Sections 147, 148, 302 with 34, 302 read with 109,324 (2 counts) of Indian Penal Code imposed in Sessions Case No. 29 of i986 on the file of Sessions Judge, Thanjavur dated 2-12-1988 have preferred this appeal.

(2.) The case of the prosecution in brief is as follows: P.W. 1 Veeramuthu is the son-in-law of the deceased Kaipillai P.W. 4. Radhikill is the wife of P.W. 1. P.Ws. 2 and 3 are the brothers of the deceased. The deceased Kaipillai was owning lands at Oorudaiyan Natham Village P.W. 1 who belongs to Eragram Village came and stayed with his father-in-law in order to help him to harvest the crops for one month, prior to the date of occurrence. There is a village called Karumbayiramthidal next to Oorudaiyana Natham. PW. 7 Mahalingam is owning lands there. Since P.W. 7 is residing in some other place the deceased Kaipillai was looking after the said lands on behalf of P.W.7 Mahalingam. Some time prior to the date of occurrence, the accused persons (A 1 to A8) who belong to Oorudaiyan Natham trespassed into the lands belonging to P.W. 7 and plucked the teak and Eucalyptus saplings. With reference to this incident a complaint was given by P.W. 7 to the Taluk Police Station, Kumbakonam. All the accused were called to the Police Station arid warned severely. Because of the police interference there was misunderstanding between the deceased and the accused persons. In Karumbayiramthidal there is a pond situate at the land belonging to the said Mahalingam, P.W. 7. In the said pond Al, A3 and A4 tried to begin the fishing operations. But the deceased prevented them from doing so. This was also another cause for the ill-felling developed between the deceased and the accused.

(3.) The occurrence had taken place on 17-3-1985 at 7.30 p.m. At Oorudaiyan Natham Village. At that point of time the deceased Kaipillai was sitting in the pial of his house. A1 to A8 with the weapons such as spear aruval and rice-founder suddenly appeared in the scene. A1, A2 and A3 shouted at the deceased. So saying A4 caught hold of the deceased and A1 with spear stabbed on the stomach. A2 and A5 attacked with aruval on the head and A3 with aruval caused injury on left shoulder. Left hand and right hand, A6. A7 and A8 were standing with the rice-founders. P.Ws 2 and 3 the brothers of the deceased intervened and tried to prevent the accused from further attacking the deceased. But. A2 attacked both PW2 and PW3 with aruval and caused injuries. P.Ws. 1 and 4 tried to come near the deceased. All the accused with the weapons threatened them not to come near them.