JOTHI Vs. STATE

JUDGEMENT

(1.) THE appellant herein was charged for the offence under Section 302 read with Section 34 of the Indian Penal Code along with two others, who died during the trial in S.C.No.20 of 1990 on the file of the District and Sessions Judge, Tanjavur Division, Tanjavur. The learned Sessions Judge, by his judgment dated 30.3.1994, found the appellant(2)guilty of the offences for which the charge sheet was laid, convicted and sentenced him to undergo life imprisonment.

(2.) THE case of the prosecution is that on 22.3.1988, when the deceased was in his cycle shop at 1 AM, the accused along with two others, armed with aruval, came and attacked the deceased and caused fatal blows on the vital parts of the body. PWs 1 to 3 are the eyewitnesses. From their evidence, it is the further case of the prosecution that there was enmity between PW4 and one Veeramani - the first accused in the case and it is a long standing enmity between the two groups. At different point of time, mutual attacks were there.

(3.) PW 11 - the Sub. Inspector, on receiving the telephonic message, went to the Kumbakonam Government Hospital at 8.30 AM. On coming to know about the shifting of the deceased to the Tanjavur Medical College Hospital, PW11 went to the said hospital and found the deceased unable to speak. PW1, who was with the deceased, gave the statement with regard to the incident and the same was recorded as ExP1 and the investigation was taken up. At 1.30 PM, ExP1 was registered as Crime No.84 of 1988 under Sections 324 and 307 of the Indian Penal Code. The express report ExP9 was prepared and the copies were forwarded to the higher police authorities as well as to the Court.