- (1.) Leave granted.
(2.) These connected appeals have been preferred against the judgment dated 01.11.2018 of the High Court of Madras which upheld Murali's (appellant in SLP (Crl) No 10813/2019) conviction under Sections 324 and 341 of the Indian Penal Code, 1860 ("IPC") with a sentence of three months' rigorous imprisonment, and Rajavelu's (appellant in SLP (Crl) 10814/2019) conviction under Sections 307 and 341 of IPC and sentence of five years' rigorous imprisonment.
(3.) The prosecution case, in brief, is that on 07.08.2005, one Senthil had a verbal altercation with Kumar (original accused no. 3) and Krishnan (original accused no. 5) during a volleyball match. The injured-victim (Sathya @ Sathiyajothi) came to the aid of his friend Senthil and opposed both Kumar and Krishnan. Thereafter at about 2:30PM on 09.08.2005, the appellants - Rajavelu and Murali (original accused nos. 1 and 2) along with Muthu, Kumar and Krishnan (original accused nos. 3, 4 and 5) cornered the victim and assaulted him. Murali allegedly struck the victim on his head with a hockey stick and Rajavelu tried to kill him by giving a neck blow with a Veechu Aruval (sharp-edged object), which was fortunately blocked by the victim. In the process, the left hand of the victim and the thumb and finger of his right hand got severed. The victim was able to escape and the matter was reported by his friend, PW-1. All five persons were arrested. It further led to registration of Crime No. 531 of 2005 under Sections 147,148,341,352, 323, 324, 307 and 34 of the IPC.;