ARUMUGAM Vs. STATE

JUDGEMENT

(1.) The appellants have assailed a judgment of the Sessions Court, Villupuram, made in S.C.55/94 wherein they were found guilty of the offences and awarded sentence of imprisonment, as stated below. <FRM>MAH.B_779.221205.htm</FRM>

(2.) The appellants and one Nagarathinam stood charged for the offences alleging that on 26.4.1991 at about 7.30 P.M. in front of the house of Gandhi @ Sammansnathan at Keelputhupattu Colony, armed with deadly weapons like knife, sulukki, etc., constituted into an unlawful assembly with the common object of causing the murder of Gandhi @ Sammansnathan, assaulted him in front of his house and caused the injuries, and in the same transaction, assaulted one Yacoob in front of his house, who succumbed to his injuries.

(3.) The case of the prosecution can briefly be stated as follows: P.W.1 Sagayamary is the wife of the deceased Yacoob. P.W.2 Susaimarianathan is the brother's son of the deceased. P.W.3 Kerlinmary is the daughter-in-law of the elder brother of the deceased. P.W.4 Victoria is the wife of the elder brother of the deceased. P.W.5 Vincent is the Pangali of the deceased. P.W.6 Gandhi @ Samananathan is the elder brother of the deceased. P.W.7 Rossinmary is the daughter of P.W.6. P.W.8 Velankanni is the pangali of the other witnesses. The deceased and all the witnesses were residing at Keelputhupattu Colony. All the accused were also residents of the same place. P.W.5 was acting as an agent of a soda factory at Kaalapatti in securing coolies. A-1 was employed in the said soda factory. P.W.5 used to get the salary and distribute it among the coolies. When there was a delay in distributing the salary, A-1 quarrelled with P.W.5 that he retained the salary of the coolies with him and purposefully delayed in the distribution of the same. Pursuant to the same, on 1.1.1991, A-1 and seven others attacked P.W.5. P.W.5 gave a complaint to Kottakuppam Police station, and thus, P.W.5 and A-1 were on inimical terms. On 26.4.1991 at about 18.00 hours one Harikrishnan of the said Colony rode a bicycle along Matha Koil Street in a rash and negligent manner. At that time, P.W.6 Gandhi @ Sammansnathan was taking his food in front of his house. By the rash and negligent cycling of Harikrishnan, the dust fell on the food, taken by P.W.6. Enraged over that, P.W.6 assaulted Harikrishnan with hands. Harikrishnan informed the alleged assault to A-1 and others of the said Colony, who gathered and questioned P.W.6 about the assault of Harikrishnan. Since there was previous enmity between the groups of A-1 and P.W.5, P.W.5 and his men assaulted A-1 and others at about 19.00 hours in front of the house of P.W.5. Following the same, A-1 and his group formed an unlawful assembly armed with deadly weapons like knife, sulukki and sticks and assaulted P.W.6 Gandhi @ Sammansnathan, and P.W.6 sustained number of bleeding injuries. At that time, after his work, the deceased Yacoob was returning in a cycle. A-1 and other accused chased Yacoob. Pointing to the deceased, A-2 made a declaration "the deceased was responsible for all, and he was the reason for all the disputes, cut him, stab him". Twice A-1 attacked the deceased on his neck with a sulukki. A-2 attacked with a stick on his head. The deceased fell down. A-3 and A-4 kicked him on his chest. Looking all these, P.W.1 cried. A-5 attacked her with a stick on her back. P.Ws.2 to 9 witnessed the occurrence. Since the neighbours assembled, the accused fled from the scene of occurrence.