- (1.) This criminal appeal is filed against the judgment dated 15.07.2005 passed by the High Court of Judicature at Madras in Criminal Appeal No.113 of 1999, whereby the High Court, while maintaining the sentence, modified the conviction recorded by the trial court qua the accused namely Giri-accused No.1, Seenu @ Srinivasan-accused No.2, Balu @ Bala Subramaniam (Appellant No.1-Accused No.4) and Raja @ Kotti Raja (Appellant No.2-Accused No.5) as conviction under Section 302 read with Section 34 IPC, Section 326 read with Section 34 IPC and Section 324 read with Section 34 IPC. The High Court acquitted Partheeban-accused No.3 of all the charges.
(2.) Briefly stated case of the prosecution is that one Natarajan had a quarrel with Seenu @ Srinivasan-accused No.2 in respect of a chit transaction and Kannan-PW2 supported Natarajan and fight ensued between Seenu-accused No.2 and Kannan-PW2 about a week prior to the date of incident i.e. 18.05.1997. In the forenoon, on the day of the incident i.e. on 18.05.1997, Kannan-PW2, Ramesh (deceased) and one Kamalakannan went to the accused in order to settle the dispute amicably. However, during settlement talks, fight ensued between PW-2 and Seenu and Balu attempted to beat PW-2 and Ramesh intervened and beat Balu. Thereafter both parties left the place stating that they could resume settlement talks in the evening. On the evening at about 6.30 P.M., Kannan-PW2, Saravanan-PW3, Suresh-PW5 and Arumugam-PW6 accompanied by Nagarajan went to Sakthi Nagar at Uruliyanpet and were having the settlement talks with the accused. On the mid way, the accused persons were informed that their friend one Anand is being badly cut by the complainant party and the accused questioned them as to how they could attack their man even when settlement talks were going on. So saying, the accused ran towards the place and on seeing PW-1 and Ramesh coming in the opposite direction, Giri-accused No.1 allegedly shouted that Ramesh supports Kannan and that he must be killed and accused No.1 and 2 cut Ramesh with knives on his head and chased him. Partheeban and appellants beat Ramesh on the face with sticks, Giri-accused No.1 again cut Ramesh with knife and Ramesh fell down. When PW-2 intervened to save Ramesh, PW-2 was attacked and he sustained injury on his left hand and PW-2 ran away from the place. Accused No.1 and 3 chased PW-3 and accused No.2 assaulted and inflicted cut injuries on the head of PW-3. They also inflicted cut injury on Muruganathan-PW4, who was taking bath near a water tap. The witnesses ran away from the place and came back only after some time and they were informed that injured Ramesh was removed from the scene of occurrence by a police constable.
(3.) Based on the complaint lodged by PW-1, a case was registered against the accused in Crime No.152/1997 under Sections 147, 148, 307 read with Section 149 IPC. Ramesh and other injured witnesses were examined by PW-11-Dr. Baskaran in General Hospital, Pondicherry. On 21.05.1997, Ramesh succumbed to injuries and the case was altered to Section 302 IPC. After due investigation, chargesheet was filed against all the five accused.;