Murder charge partly confirmed.

(Prayer: The Criminal Appeal filed against the fair and decretal order passed by the Additional Sessions Judge-cum-Chief Judicial Magistrate, Cuddalore in S.C.No.153/2000 dated 26.02.2003.)

A.C. Arumugaperumal Adityan, J.

This appeal has been preferred against the judgment in S.C.No.153/2000 on the file of Additional District Judge-cum-Chief Judicial Magistrate, Cuddalore. A1 to A3 and A7 are the appellants herein.

2. The short facts of the prosecution case sans irregular materials are as follows:

Due to previous enmity, A1 to A3 formed themselves into an unlawful assembly with common intention of committing murder of Narayanaswamy with deadly weapons like Iron pipes, knife and stones on 9.2.1998 at about 7.30 pm at Keezh Vilakkuthun Village, in the garden of Chenthamarai Kannan, waylaid P.W.1, P.W.2 and deceased/Narayanaswamy and in furtherance of the common intention, A1 to A3 assaulted Narayanaswamy with Iron rod causing grievous injuries, A1 has also assaulted Narayanaswamy with Iron rod on the left side of the hip thus causing instantaneous death to him. In the course of the same transaction, A4 assaulted P.W.2/Dhakshanamoorthy with a knife on the right leg causing injuries and A6 had caused cut injury on the left leg of P.W.2 and A7 with the help of Iron rod had assaulted the left knee of P.W.2 causing simple injury and A13 had assaulted P.W.2 on the right leg with a stone causing simple injury and A3 also assaulted on the left forearm of P.W.1/Sundaramoorthy with Iron pipe causing simple injury. A1 also assaulted P.W.1 on the left shoulder with Iron pipe causing simple injury, A2 had assaulted P.W.1 with an iron pipe on the left leg above the foot causing simple injury. A12 had assaulted P.W.1 with a stick on the nose causing simple injury. P.W.1 had preferred the complaint with P.W.15/The Sub-Inspector of Police, Neyveli Town Police Station, who had registered the case in Cr.No.49/1998 under Section 307 IPC. But, subsequent to the death of Narayanaswamy in the hospital, the charge was altered into Section 147, 148, 347, 323, 324, 307, 302 r/w 149 IPC.

3. The case was taken on file by the learned Judicial Magistrate, Neyveli and on appearance of the accused, the learned Judicial Magistrate had furnished copies under Section 207 of Cr.P.C to the accused and since the case is triable by the Court of Sessions, the learned Judicial Magistrate has committed the case to the Court of Sessions under Section 209 of Cr.P.C. The learned Sessions Judge framed charges under Section 147, 148, 341 IPC against A1 to A3, under Section 323 IPC against A3 and A12, under Section 324 against A6, A7 and A1 to A3, under Section 307 IPC against A4, under Section 302 IPC against A1 to A3 and under Section 302 r/w 149 against A4 to A13. When questioned, the accused pleaded not guilty. On the side of the prosecution, P.Ws 1 to 18 were examined, Ex.Ps.1 to 50 and M.Os 1 to 15 were marked. P.W.1 is an injured witness. He speaks about the motive for the occurrence. According to P.W.1 4 ½ years prior to the occurrence, one Sivakolunthu died in the village and A1/Dhanasekaran had prevented villagers from attending the ceremony of the deceased/Sivakolunthu and had also beaten some of the villagers. Due to the said incident two groups were formed in the village and one faction was headed by A1/Dhanasekaran and another was headed by one Gothandapani. There was attacks and counter attacks between the two groups in the village and cases and counter cases have also been filed and are pending before the criminal Courts. P.W.1 would further depose that on 13.1.1998 at about 4.30 am, due to previous enmity, one Dhanasekaran(A1), Rangan @ Palanivel(A3), Sakthivel(A2) and 5 or 6 of their associates including A12 had assaulted P.W.1 with iron rod, knife and stick and that he has preferred a complaint to the police and a criminal case was lodged and the same is pending in Virudachalam Court. Subsequent to the said occurrence, this occurrence had taken pla