INBARAJ Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 and 2 in S.C. No. 95 of 1983 on the file of the I Additional Sessions Judge, Tirunelveli are the appellants in this appeal. They along with 13 others were arrayed before the trial Court, having been charged for rioting and murder under three heads of charges. Accused 3 to 15 were acquitted by the trial Court.

(2.) THE first charge against the accused 1 to 15 was that on 7.5.1982 at or about 1 a.m. (night of 6.5.1982) they formed themselves into members of an unlawful assembly near about the road junction of Ervadi Road and Manjankulam cart track armed with deadly weapons like aruvals and sticks with the common object to murder the deceased Thalavai Thevar and thereby committed an offence punishable under section 148, I.P.C. The second charged was framed in two parts, the first indicating the second accused directly under section 302, I.P.C. and the second part making him liable for an offence under section 302 read with section 149, I.P.C. The third charged was framed against the accused 1 and 3 to 15 for an offence under section 302 read with section 149, I.P.C. The trial court acquitted all the accused of the first charge. The second accused was convicted under the second charge under the first part for having caused the murder of Thalavai Thevar and sentenced to undergo imprisonment for life. Under the third charge the first accused alone was found guilty for an offence under section 326, I P.C., and sentenced to undergo rigorous imprisonment of five years.

(3.) IT is only in this background of motive that the occurrence in this case is said to have taken place at or about 1 a.m. on early hours of 7.5.1982. P.W. 8, Tmt. Arumugbathammal is the wife of the deceased. According to her, on the afternoon of 6.5.82 her husband, the deceased, left the house at or about 2 -30 p.m. on his cycle, M.D. 11 from his house to the T.V.S. Mills situated at Nanguneri. He had taken with him M.D. 12, the tiffin box containing his dinner. Normally he used to return home roundabout 1 a.m. but, on the fateful night be did not return.