- (1.) This judgment shall govern the two appeals namely C.A.Nos.563 and 702 of 1996.
(2.) The appellants in C.A.702/96 who were ranked as A-1 and A-7 and the appellants in C.A.563/96 who were ranked as A-2 to A-6, all stood charged, tried, convicted and sentenced as detailed below: Accused Charges(IPC) Guilty(IPC) Sentence A-1148, 323 r/w 149 (3 counts), 324 (2 counts), 324 r/w 149 (3 counts), 326, 302304 (2) 326 324 (2 counts) 5 years RI 2 years RI 1 year RI each A-2 148, 323 r/w 149 (3 counts), 324 (3 counts), 324 r/w 149(2 counts), 326 r/w 149, 302304(2) 324 (3 counts) 5 years RI 1 year RI each A-3147, 323, 323 r/w 149(2 counts), 324 r/w 149 (5 counts), 326 r/w 149, 302 r/w 149.323Rs.250/- Fine A-4147, 323, 323 r/w 149(2 counts), 324 r/w 149 (5 counts), 326 r/w 149, 302 r/w 149.323Rs.250/- Fine A-5147, 323 r/w 149 (3 counts), 324 r/w 149 (5 counts), 326 r/w 149, 341, 302 r/w 149.341Rs.250/- Fine A-6147, 323 r/w 149 (3 counts), 324 r/w 149 (5 counts), 326 r/w 149, 341, 302 r/w 149.341Rs.250/- Fine A-7147, 323, 323 r/w 149 (2 counts), 324 r/w 149 (5 counts), 326 r/w 149, 302 r/w 149.323Rs.250/- Fine Challenging the said conviction and sentence, the accused have brought forth these appeals.
(3.) The short facts necessary for the disposal of both the appeals can be stated thus: (a) P.W.1 Ponnusamy along with his wife Karuppayammal, the deceased and his sons and daughters namely P.W.2 Vijayakumar, P.W.3 Tmt.Sivamani and P.W.4 Mahalakshmi respectively, was living in Pommalapalayam, Ayalur Village. A-1 was the brother-in-law of P.W.1, while A-2 was the brother of P.W.1. A-6 and A-7 were the sisters of P.W.1. A-4 was the wife of A-2. A-3 and A-5 were the son and daughter of A-2 and A-4. P.W.1 Ponnusamy, A-1 Kumarasamy and A-2 Ramasamy all were co-sharers of Periya Thottam in the said village. On the north of the said thottam, a common track, in respect of which P.W.1 on the one hand and A-1 and A-2 on the other hand had a long standing dispute. On the day of occurrence namely 2.11.1994 at about 10.00 A.M. A-2 came to the track and was removing the thornbushes, and the same was objected to by the deceased Karuppayammal. Following the same, a wordy quarrel broke out. Immediately A-1 armed with aruval attacked the deceased on the middle portion of the head twice. A-2 attacked her with stick on her head and all over the body and shouted ",j;njhL xHpe;J ngh". On hearing the alarm, P.Ws.1 to 4 intervened and tried to rescue the deceased. A-1 to A-7 began to attack P.Ws.1 to 4 indiscriminately all over the body. One Rangaswamy came to the rescue. A-1 to A-7 escaped from the scene of occurrence. The said Rangaswamy hired a taxi and took P.Ws.1 to 4 and the deceased to the Government Hospital, Gobichettipalayam, where P.W.7 Dr.Balamurugan examined the deceased. P.W.7 also medically examined P.Ws.1 to 4. Ex.P6 was the wound certificate given in respect of the deceased Karuppayammal, while Exs.P7 to P10 were issued in respect of the injuries found on P.Ws.1 to 4. P.W.8 Chinnasamy gave an intimation to the Gobichettipalayam Police Station at 4.15 P.M. regarding the death of Karuppayammal under Ex.P11. (b) At about 5.30 P.M., P.W.12 S.Lakshmanan, Sub Inspector of Police attached to the respondent Police Station, on receipt of the information from Gobichettipalayam Police Station, received Ex.P11 intimation, went to the hospital at about 6.30 P.M. and recorded a statement from P.W.1 marked as Ex.P1. At about 7.30 P.M., on the strength of Ex.P1, he registered a case in Crime No.165/94 under Ss 147, 148, 324 and 302 of I.P.C. against the accused. Ex.P21 F.I.R. was sent to the concerned Magistrate's Court immediately. P.W.14 Jagannathan, Inspector of Police, on receipt of a copy of the FIR, took up the investigation, proceeded to the site of occurrence, prepared Ex.P13 observation mahazar in the presence of P.W.9 Murugesan and one Rengasamy and Ex.P26 rough sketch, recovered M.Os.2, 3 and 5 under Ex.P14 mahazar in the presence of the same witnesses and recorded the statements of those witnesses. On 3.11.1994 at about 6.00 A.M., he proceeded to the Government Hospital, Gobichettipalayam, conducted inquest on the dead body of Karuppayammal in the presence of the panchayatars and witnesses and prepared Ex.P27 inquest report. He examined P.Ws.1 to 4 the injured witnesses and recorded their statements. He recovered M.O.6 under Ex.P15 mahazar, M.O.7 under Ex.P16 mahazar, M.O.8 under Ex.P17 mahazar and M.Os.12 and 13 under Ex.P18 mahazar. (c) On request under Ex.P19 for the conduct of postmortem, P.W.11 Dr.Ramesh, who was on duty that time, conducted the autopsy and has found the following injuries on the dead body of Karuppayammal. External Injuries: 1) Lacerated wound obliquely placed left frontal region, found sutured 2.5 x 2.5 cm x bone deep shape with. 2) Incised wound seen over the middle of the head transversely placed 3 cm x cm x bone deep. 3) Contusion right temporal region 5 x 5 cm. 4) Hematoma left temporal region. On Dissection: 1) Right side extensive hematoma 10 x 5 cm with fracture in that area of left side. Hematomes scar 10 x 10 cm size with fracture skull. Fracture skull extending from left to right temporal region and parietal region of extending on to occipital region and found in four pieces. P.W.11 Doctor gave a certificate under Ex.P20 and opined that the deceased would appear to have died of due to extensive fracture skull, subrarachnoid haemorrhage and haemorrhage from the wound. (d) On the arrest of A-1, a confessional statement, which was volunteered by A-1, was recorded. Pursuant to the confessional statement, M.O.1 aruval and M.O.2 stick were recovered under Ex.P3 mahazar in the presence of P.W.5 Ramamurthy and P.W.10 Periasamy. A-1 and A-7 were sent for judicial custody. On 14.11.94, A-1 to A-5 gave a statement before the Judicial Magistrate No.II, Gopichettipalayam under S.164 of Cr.P.C., and the same was recorded by the Judicial Magistrate No.II, Gobichettipalayam. On 8.11.1994, P.W.14 examined P.W.8, and on 10.11.94 he examined P.W.11 and got postmortem certificate from P.W.11. P.Ws.1 to 4 have also made their statements before the Judicial Magistrate No.II, Gobichettipalayam, which was recorded by the Judicial Magistrate under S.164 of Cr.P.C. On 13.11.94, P.W.14 Investigation Officer examined the witnesses and recorded their statements. On completion of the investigation, the Investigation Officer filed a charge sheet against the accused.;