Bisheshwar Prasad Singh, J. - (1.)This appeal is directed against the judgment and order of the High Court of Madras dated 21st September, 2002 passed in Criminal Appeal No. 293 of 1990 filed by the appellants against the judgment and order of the Sessions Judge dated 3rd August, 1990 whereby appellants 1 and 2 were found guilty of the offences under Sections 341, 302/109 IPC and appellant No.3 was found guilty of the offence under Sections 341 and 302 IPC. The appellants have been sentenced to 6 months rigorous imprisonment under Section 341 IPC and life imprisonment under Sections 302/109 and 302 IPC. The High Court by the impugned judgment and order dismissed the appeal and affirmed the judgment and order of the trial court.
(2.)Special leave was granted limited to the question as to whether the offence proved falls under Section 304 IPC and whether the conviction and sentence under Sections 302, 302/109 IPC calls for modification.
(3.)Appellant No.1 Munnuswamy is the father of appellants 2 and 3, namely Kumaresan and Selvam. It is the case of the prosecution that on 28th April, 1989 at about 3.00 p.m. while PW.3 Adhimoolam was drying beedi leaves, appellant No.1 came at about 4.00 p.m. and waited by the side of the road. About half an hour later deceased Ravi came on a bicycle. He was followed by appellants 2 and 3 who also reached the place of occurrence following him. Appellant No.1 stopped the deceased while appellants 2 and 3 who came from behind dashed their bicycle against the bicycle of the deceased. The deceased left his bicycle and started running away chased by the appellants. Ultimately the accused over-powered him and while appellant No.1 caught hold of the right hand of the deceased, accused No.2 caught hold of the left hand of the deceased. Appellant No.1 ordered that the deceased should be stabbed and immediately appellant No.3 took out a pen knife from his hip and stabbed the deceased on the right side of his chest. They dragged the deceased and made him lie down near the road. This incident was also witnessed by Ravi, PW.4 who was grazing his cattle near the scene of occurrence. They reported the matter to the father of the deceased who went to the police station and lodged the complaint. After investigation, the appellants were put up for trial and were ultimately found guilty of the offences as earlier notified.