Decided on July 23,1970

Govindarasu And Another Appellant
STATE Respondents


K.N.Mudaliyar, J. - (1.) ACCUSED 1 and accused 2 are the Appellants. They appeal against their convictions for offences under Section 304 (first part) I.P.C. (accused 1) and 323 I.P.C. (two counts against accused 2).
(2.) BRIEFLY the prosecution case is that on 10th September, 1967 one Rathina Kandiar, pangali of accused 1 and 2 died. In the morning, accused 1 and 2 went to the house of Rathina Kandiar for condolence. Rathina Kandiar's relations, viz., deceased Krishnaswami Kardiar, his son Meikappan (P.W. 1), Thirun -dayyan (P.W. 3), Ramaswami (P.W. 6), Appadurai (P.W. 7) and Rangaswami P.W. 8) and others bad also gone for the condolence. At about 12 noon a scuffle ensued between the accused on the one side and P.W. 3 on the other as a result of accused 1 and accused 2 beating P.W. 2 for not placing his steps to the tune of the drams. Ultimately P.W. 3 and the accused came to blows. Krishnaswami Kandian (deceased), P.W. 1 and six others intervened and pacified and separated them. The accused who were annoyed left the place. The burial of Rathina Kandiar took place by about 4 p.m. After that, deceased Krishnaswami, P.W. 1 and P.W. 7 went to their houses.P. Ws. 3, 6 and 8 took their bath in the village tank and were proceeding to the houses of P. Ws. 6 and 8 southwards along the panchayat road and by the side of the tea stall of the first accused. P.W. 3 also accompanied P. Ws. 6 and 8 as he wated to take his food with them.
(3.) WHEN P.Ws. 3, 6 aad 8 passed in front of the tea shop of the first accused, they saw accused 1 and 2 sitting in their stall. On seeing the said witnesses, accused 1 stated "Whet would they do if we beat them - So saying accused 1 and 2 went out Accused 1 was armed with the yoke (M. Order 1) and accused 2 was armed with the casuarina stick (M.O. 2) and they chased P. Ws. 3, 6 and 8. P.Ws. 3, 6 and 8 ran a little south to a place near the house of P. W. 7, Appadurai, where there were some firewood pieces stacked. One of them took a stick and faced the pursuers. Accused 1 and 2 stood on the north and P.Ws. 3, 6 ana 8 stood on the south and there was mutual abusing. Hearing the noise, P.W. 7 whose house is abutting the panchayat road, came out and pacified them. At the same time Krishnaswami (deceased) and his son (P.W. 1) and two others who reside in the same locality to the east of the panchayat road also went and intervened and asked the two parties not to quarrel.;

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