CHINNAIAH Vs. STATE

JUDGEMENT

(1.) The appelants herein, who were ranked as A-1 to A-8 in S.C.No.16/93 on the file of the Principal Sessions Court, Sivaganga, have assailed the judgment wherein they were found guilty and sentenced to imprisonment as shown below. <FRM>B.22.727.1205.htm</FRM>

(2.) On 24.8.1990 at about 2.00 hours in Door No.76, Melapidarichery, Brahmanakurichi Village, the appellants, ranked as A-1 to A-8 in the case along with six others armed with deadly weapons like aruval, patta knife, revolver, etc., constituted an unlawful assembly with the common object to commit the murder of Rajasekaran, P.W.3 Malarkodi and the deceased Manimaran, forcibly entered into the said house, committed the murder of Manimaran, and attempted to cause the murder of and cause grievous injuries to the witnesses, which warranted the framing of the following charges against the appellants. <FRM>B.22.727.1.1205.htm</FRM>

(3.) The brief facts necessary for consideration of this appeal can be stated as follows: P.W.1 Rajasekaran was residing at Thoothai Village. He owned a tractor with Registration No.TN 63-0954, which he used to hire for agricultural operations and was earning out of it. One Balaguru Servai, a pangali of P.W.1 was also residing in the said Village. There was pre existing enmity between the families. On 24.6.1990, when the said tractor was driven by Dhanasekaran, the younger brother of P.W.1, an accident took place, in which the said tractor and a motorcycle driven by Chellamuthu, son of Balaguru Servai dashed against each other, and in that collision, Chellamuthu died. Balaguru Servai and his family members became inimical to P.W.1's family, since they thought that the death of Chellamuthu was deliberately caused by Dhanasekaran. Ten days prior to the occurrence, on the request made by P.W.22 Arumugam, P.W.1 took his tractor to Brahmanakurichi on contract basis for the agricultural operations and stayed at his house at Door No.76, Melapidaricheri, Brahmanakurichi Village. On 24.8.1990 at about 2.00 hours, P.W.1, the deceased Manimaran, his wife Jothi, and one Arumugam, all were sleeping in the inner room, while P.W.22 Arumugam and his wife P.W.3 Malarkodi were sleeping outside. P.W.6, Bhoominathan, the brother of Manimaran was sleeping at the motor room. At about 2.00 A.M., P.W.3 Malarkodi hearing the noise and commotion woke up first, and following her, all the persons present there woke up. P.W.1 switched on the light and saw through the window and witnessed the appellants and the other accused armed with patta knife, aruval, revolver, Velkambu and sticks. On seeing P.W.1, A-1 shouted "He is here, kill him". When the accused came near P.W.1, P.W.22 Arumugam and his wife P.W.3 Malarkodi intervened. A-1 shouted "cut them also". Immediately P.W.22 and his wife P.W.3 escaped from the scene of occurrence. P.W.1 closed the door and bolted. The accused forcibly opened the door and made entry into the room. The deceased Manimaran questioned A-1 why they should attack them. On hearing this, A-1 uttered "you have brought him here and have given shelter" and A-1 directed the other accused to finish him first. Immediately A-3 attacked the deceased Manimaran with an aruval on the back of right knee. A-1 gave a severe blow on the left chest of the deceased with a patta knife. A-3 attacked P.W.5 Jothi on the left ankle with an aruval. A-1 also attacked P.W.6 Bhoominathan on the right knee with patta knife. Because of fear, P.W.1 ran into the inner room. A-6 Chezhian attempted to fire at P.W.1 through the pistol. Since the bullet did not come out, he opened the revolver to check the same. At that time, one of the accused removed the tiles from a corner of the house and caused simple injury by pinning with a stick. Again A-6 made an attempt to fire at P.W.1, but failed. Seeing this, A-1 took the revolver from A-6 and fired twice on P.W.1. But, on both occasions, the bullets without touching him pierced into the wall. P.W.1 managed to remove the reaper on the roof and came out of the house. The accused proclaimed that Manimaran was dead and fled away from the scene of occurrence.