WELDING KUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is directed against the finding of conviction recorded by the Fifth Additional Sessions Judge, Chennai against the accused Kumar @ Welding Kumar and sentencing him to suffer rigourous imprisonment for life for the offence under Sec.302 I.P.C. as also one year rigourous imprisonment for the offence under Sec.148 I.P.C.

(2.) This case has a chequered history. The prosecution case was that on 22-5-1985, the original accused persons, viz. Kumar @ Welding Kumar and Jayaraman, along with other accused persons, formed an unlawful assembly with a common object of assault and murder of one Radhakrishnan and actually assaulted the said Radhakrishnan and committed his murder. This was at about 9.30 p.m. on 22-5-1985 on Thiruvottiyur High Road, coming within the jurisdiction of Thiruvottiyur Police Station.

(3.) The deceased Radhakrishnan used to run liquor shops and there was enmity between the accused persons and the said Radhakrishnan out of which, the said incident took place. Originally as many as seven persons came to be roped in on the basis of the First Information Report given by Narayanan (P.W.1). They were Babu @ Kozi Babu, Raja, Sampath, Vincent and Das. It was reported by P.W.1, immediately after the incident that while he, Baskar, Radhakrishnan (deceased) were returning to their house, three known persons, viz. Babu @ Kozi Babu, Raja, Welding Kumar and four other unknown persons came, waylaid Radhakrishnan and abused him in filthy language. He was confronted by Kozi Babu, who abusing him filthily and saying as to why he was interfering in the affairs of Kozi Babu. Seeing that the accused persons were armed to the teeth, Radhakrishnan started running towards the Dhall Mill belonging to one Prithiviraj. However, Kozi Babu stabbed him with knife on his right and left chest while accused Raja stabbed on the right side of his stomach and on the left side of the chest. While so, Welding Kumar, the present appellant, stabbed Radhakrishnan repeatedly on his neck. P.W.1 also pointed out that the other accused persons viz. Jayaraman and others were armed to the teeth and they stopped him and the other persons from rescuing Radhakrishnan. Radhakrishnan was taken along with Sampath to the hospital. However, he was declared dead in the hospital. This First Information Report was made at about 11 p.m. on 22-5-1985.