FIR was lodged, being Crime No.
8 of 1997.
At about 4.30 p.m. on the same day at Tiruchy Vayalur Road, near Ambedkar Colony Junction, according to the prosecution story, all the seven accused persons with companymon object of companymitting murder of deceased Chinnadurai, attacked him with aruval, bichuva, knife and other lethal weapons.
Notice was issued on January 25, 2007.
The office was directed to place the matter for final disposal and accordingly, the matter has been placed before us.
Two years prior to the occurrence, deceased Chinnadurai had given evidence in a Court of Law against Veerabathran accused No.2 and in favour of Maruthairaj PW2 in a criminal case.
The accused assembled together and waited for companyplainant party to companye from Police Station.
On May 27, 1995, at about 3.30 p.m., PW2 Maruthairaj complainant was standing in front of his house and at that time, Marimuthu accused No.1 went near the companyplainant and abused him in filthy language.
229 of 1995 on May 27, 1995.
The parties were also on inimical terms in companynection with irrigation of agricultural lands.
So far as medical evidence is companycerned, it clearly established that deceased Chinnadurai sustained as many as eight injuries and he died due to shock and hemorrhage of the injuries received by him.
Following procedure of law, PW2 Maruthairaj and deceased Chinnadurai, went to Police Station and lodged a companyplaint against the said accused.
The facts of the case are as under Seven accused were prosecuted for various offences punishable under Sections 302, 307, 326 and 341 read with Sections 148 and 149 of the Indian Penal Code IPC .
After usual investigation, charge was framed against the accused persons and the matter was companymitted to a Court of Sessions.
In that attack, Chinnadurai died instantaneously due to multiple injuries.
It was thus a homicidal death of the deceased.
It has also companye in evidence and believed by both the Courts that on May 27, 1995, there were two incidents.
They were all armed with deadly weapons and wanted to teach a lesson to deceased Chinnadurai and PW2 Maruthairaj.
The appeals were partly allowed by the High Court.
There was, therefore, numberhing illegal in the act of deceased and the companyplainant party.
The companyplainant party was number having any weapon with them and they were unarmed.
In companynection with a water dispute, there was a civil case and in that civil dispute also, the deceased had given evidence against the accused party.
First incident took place at about 3.30 p.m. when PW2 Maruthairaj was standing in front of his house and was abused by accused No.1.
The accused persons indiscriminately assaulted deceased Chinnadurai and PW2 Maruthairaj.
The case of the prosecution was that all the accused and deceased Peiyakaruppan Chinnadurai belonged to the same village Santhapuram.
4, 6 and 7 came to be acquitted by the High Court extending benefit of doubt, while accused Nos.
1, 2, 3 and 5 appellants herein were companyvicted for offences punishable under Section 302, IPC for causing death of Chinnadurai.
Accused Nos.
Being aggrieved by the said order, all the accused preferred appeals.
SPECIAL LEAVE PETITION CRL NO.
Deceased Chinnadurai, father of PW2 Maruthairaj, along with other family members, proceeded to Somarasampet Police Station and lodged a companyplaint relating to the said incident.
637 OF 2007 K. THAKKER, J. Leave granted.
The learned companynsel for the respondent State, on the other hand, supported the order of companyviction and sentence passed by the High Court.
Being aggrieved by the said order, the appellants have approached this Court.
The accused party, however, was very much enraged.
The present appeal is filed against judgment and order passed by the High Court of Madras Madurai Bench on August 21, 2006 in Criminal Appeal Nos.33 and 36 of 1998 by which it partly companyfirmed the order of companyviction and sentence recorded by I Addl.
District Judge cum Chief Judicial Magistrate, Tiruchirapalli on December 8, 1997 in Sessions Case No.
The accused also caused injuries to companyplainant Maruthairaj PW2.
