MURALI – Appellant
Versus
STATE REP. BY THE INSPECTOR OF POLICE – Respondent
ORDER:
Leave granted.
2. These connected appeals have been preferred against the judgment dated 01.11.2018 of the High Court of Madras which upheld Murali’s (appellant in SLP (Crl) No 10813/2019) conviction under Sections 324 and 341 of the Indian Penal Code, 1860 (“IPC”) with a sentence of three months’ rigorous imprisonment, and Rajavelu’s (appellant in SLP (Crl) 10814/2019) conviction under Sections 307 and 341 of IPC and sentence of five years’ rigorous imprisonment.
3. The prosecution case, in brief, is that on 07.08.2005, one Senthil had a verbal altercation with Kumar (original accused no. 3) and Krishnan (original accused no. 5) during a volleyball match. The injured-victim (Sathya @ Sathiyajothi) came to the aid of his friend Senthil and opposed both Kumar and Krishnan. Thereafter at about 2:30PM on 09.08.2005, the appellants – Rajavelu and Murali (original accused nos. 1 and 2) along with Muthu, Kumar and Krishnan (original accused nos. 3, 4 and 5) cornered the victim and assaulted him. Murali allegedly struck the victim on his head with a hockey stick and Rajavelu tried to kill him by giving a neck blow with a Veechu Aruval (sharp-edged object), which was fortunately blocke
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