Various charges were framed against the six accused including that of rioting under section 147 IPC against A 1 and A 5 and section 148 against A 2, A 3, A 4 and A 6.
Appeals by Special Leave from the Judgment and order dated 22 9 72 of the Madras High Court in Criminal Appeal No.
Another person injured in the occurrence was also named Kaliaperumal, P.W. 1.
A 2, A 3 and A 4 preferred an appeal in the Madras High Court against their companyviction and the sentences imposed upon them by the Trial Court.
P.W. 5 is the brother in law of P.W. 3.
The accused denied their companyplicity in the occurrence and pleaded number guilty.
As many as 14 injuries were found.
Two days after the date of occurrence he was arrested at Kumbakonam Railway Station when he alighted from the train on his return from Madras.
Debaratea Mookerjee, M. S. K. Sastri and M. S. Narasimhan for the Appellants.
A 4 again cut on the head of Kallaperumal deceased with his Aruval.
A 3 and A 4 assaulted him on his head with Aruvals.
An extra charge under section 324 was levelled against A 2 for causing simple hurt to P.W. 1 with the cross stop, an instrument which had sharp edges.
The occurrence giving rise to these two appeals took place on Monday the 21st April, 1971 at about 4.00 p.m. at Sivan Koil tank in village Thaduthalkondapuram.
Dr. Radha Singh, Civil Assistant Surgeon, P.W. 15 examined Kallaperumal deceased at 4.55 p.m. and issued a Wound Certificate.
Cut him, whatever be the expenses, I will look after that.
A 6 was also charged under section 341 of the Penal Code for preventing P.W. 1 from escaping.
P.W. 1 fell down unconscious.
A 2 to A 6 were charged under section 302.
P.W. 7 and others took the injured to the Government Dispensary Kodavasal.
It was claimed by the prosecution that apart from P.W. 1 there were four more eye witnesses to the occurrence namely Govindaswami, P.W. 3, Ramalingam, P.W. 4, Rajagopal, W. 5, and Kaliaperumal, P.W. 6.
V. Rangam and Miss A. Subhashni, for the Respondents.
251 of 1972 and 243 of 1973.
Thereupon A 4 asked the deceased Kaliaperumal Why are you abusing the Iyer ?
P.W. 1 attempted to run.
He companyvicted A 3 and A 4 under section 302 of the Penal Code and awarded a sentence of life imprisonment to each of them.
P.W.15 examined the injuries or P.W. 1 at 5.20 p.m. and found as many as nine injuries on his person.
A 3 and A 4 were each armed with an Aruval.
Saying something Kaliaperumal ascended the bank.
It, however, did number prefer any appeal against the acquittal of A 2, A 3 and A 4 of the charge under section 148 of the Penal Code.
251 of 1972 has been filed under section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 and Criminal Appeal No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
They are as follows Accused No.
Since his companydition was serious he was sent to the Government Hospital, Kumbakonam.
P.Ws 3 and 4 are brothers of the deceased.
The Judgment of the Court was delivered by UNTWALIA, J. Criminal Appeal No.
State preferred an appeal against the acquittals of A 1, A 5 and A 6 as also against the acquittal of A 2 of the charge under section 302.
It would be companyvenient to refer to them with reference to their accused number given in the judgment of the Sessions Court.
As already stated Kaliaperumal died at about 9.00 p.m. Dr. N. Jayaraj, P.W. 18 performed the autopsy over the dead body.
The factum of assault by A 2 on P.W. 1 also does number admit of any doubt.
In all there are six appellants.
1 A 1 Ramaswami Ayyangar.
243 of 1973 is by special leave.
A 5 had a stick and A 6 was carrying a stick with a spear attached to it.
369/72 and 976/71.
The prosecution case is that deceased Kaliaperumal was living with his maternal uncle Pichai Konar, P.W. 7 since infancy.
In the said occurrence was seriously injured one Kaliaperumal who later died in the Hospital at about 9.00 p.m. the same evening.
A 2 beat on Ws head with the cross stop hour or five times.
Thereupon it is said A 6 obstructed him from running with the help of the stick with spear head.
A 2 was companyvicted only under section 324 with a sentence of 4 months rigorous imprisonment and acquitted of all other charges.
A 1 is the Karnam of the village and A 6 is the Government vetti.
They were acquitted of the charge under section 148.
The Trial Judge acquitted A 1, A 5 and A 6 of all the charges.
A 1 was further charged under sections 302/149 and sections 302/109.
P.W. 1 ran to separate them when A 2 assaulted him on his head with the cross stop.
P 1 is the statement of P.W. 1 before the police on the basis of which the First Information Report was drawn up.
A 1 took a plea of alibi also and asserted that he had gone to Madras in companynection with some marriage negotiations.
The injuries given on the head with Aruval according to the opinions of the Doctors were sufficient in the ordinary companyrse of nature to cause his death.
