- (1.) This appeal, by special leave has been preferred by the appellants against their conviction and sentence.
(2.) Altogether six persons were put on trial and in the present appeal we are concerned with the four appellants who were Accused Nos. 1, 2,4 and 5. Appellant No.1, Velu alias Velmurugan has been found guilty under Sections 302 and 324 of the Indian Penal Code and sentenced to undergo imprisonment for life and two years respectively, while other appellants have been held guilty under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years.
(3.) Prosecution commenced on the basis of the report given by PW-1, Subramani before the Sub-Inspector of Police on 6th of March, 2002 at 1.00 a.m. at JIPMER Hospital, Pondicherry. According to the informant, three acres of land situated in his village was leased out to his family by its owner Ranga Iyer 40 years ago and since then they were cultivating the same. In the year 1985, according to the prosecution, Balasundaram (since acquitted) who happens to be the father of Appellant No. 1, Velu purchased the aforesaid land from Ranga Iyer and asked the informant and his family members to vacate the same but they did not accede to his request. Instead they filed civil suit claiming right over the land which is pending adjudication before the court. Prosecution case further is that informant's elder brother Narayanswami was done to death by men of Balasundaram in the year 1993 due to the aforesaid dispute. It is the case of the prosecution that on 5th of March, 2002, the informant came from Chennai where he was working as a Junior Assistant in Survey Department to his village. There Appellant No. 1, Velu met him and asked him to see that his brother Ramachandran vacate the land failing which he will meet the same fate as that of his brother Narayanswami. Thereafter, according to the prosecution, the informant returned to his home, took food and left for Chennai along with his brother Ramachandran and when reached village Kandamanadi, opposite Sudhakar Engineering Workshop, Appellants Velu, Magesh, Ramakrishnan and Subramani along with another accused (since acquitted) came in a group armed with knives and casurina sticks. It has been alleged that Appellant No. 1, Velu gave knife blow on the head of Ramachandran whereas Appellant No. 4, Subramani caused injury on his left hand. It was protested by the informant, whereupon Appellant No.1, Velu caused injury on his ankle and knee and appellant Ramakrishnan beat him with the stick on his left shoulder and right knee. Appellant Subramani is alleged to have given a stick blow on the informant's right arm. After assaulting Ramachandran and the informant the accused persons fled away from the place of occurrence. Injured were taken to the Villupuram Government Hospital where after initial treatment, they were referred to JIPMER Hospital, Pondicherry for further treatment but Ramachandran died on way to the hospital and was pronounced dead by the doctors at the JIPMER Hospital.;