(Prayer: This Criminal Appeal is field under Section 374 of Cr.P.C., praying against to set aside the judgment of the learned I Additional Sessions Judge, Tiruvallur, made in S.C.No.28 of 2013 dated 18.03.2014 and acquit the accused/appellants herein.)

1. This appeal is directed against the conviction and sentence imposed by the Lower Appellate in S.C.No.28 of 2013 on the file of the 1st Additional Sessions Court, Tiruvallur (FAC). Four persons were tried for offences under Sections 294(b), 307 r/w 34, 324, 323 and 506(ii) of I.P.C.

2. After considering the evidence of PW.1 to PW.13, Ex P.1 to Ex.P.12 and the material object M.O.1 & M.O.2. The trial Court held; (i). A1 to A3 are found guilty of offence under Section 307 r/w 34 of I.P.C. (ii). A1 and A2 are found guilt of offence under Section 324 I.P.C (2 counts). Sentenced A1 to A3 to undergo 5 years R.I each and pay a fine of Rs.10,000/- each, in default 3 months R.I. The total fine amount of Rs.30,000/- was ordered to be paid as compensation to Sugantha (PW.3). A1 and A2 are found guilty for offence under Section 324 (2 counts) and pay a fine of Rs.5,000/- for each counts, in default to undergo 3 months R.I. The total fine amount of Rs.20,000/- was ordered to be paid to Annadurai (PW.1) and Stella (PW.2), at the rate of Rs.10,000/- each.

3. Aggrieved by the said conviction and sentence, the A1 (Sudhakar), A2 (Ambeth) and A3(Murugesan) are before this Court.

4. The brief fact of the case is that on 03.07.2009, at about 7.00 hours near the house of Annadurai (PW.1), the accused A1 to A4 picked quarrel with him and abused Annaduari (PW.1) and his family members with filthy language. His father Moorthy was attacked by A1 and A2 with iron rod. When his sister Stella (PW.2) came to rescue Moorthy, she was also attacked. When Amulu (PW.4) and Sugantha (PW.3) daughter-in-law and wife of Moorthy came to prevent the attack on Moorthy, they were also attacked by the accused persons. Hearing the news, Kumar one of the son of Moorthy came to the spot and took the injured to the Thiruvallur Hospital. From Thiruvallur Hospital, Moorthy was shifted to Government Hospital Chennai, for further treatment.

5. The First Information Report was registered on 04.07.2009, at about 11.00 hours by Thiru.Vinayagam, Sub-Inspector of Police (PW.12) and placed the file before the Inspector of Police, Micheal Irudhayaraj (PW.13), who took up the investigation and filed final report. Alleging that A1 to A4 with iron rod and hands, caused grievous injury on the head of A1 and simple injuries to Annadurai (PW.1), Stella (PW.2), Amulu (PW.3) and Sugantha (PW.4).

6. Before the trial Court, Annadurai was examined as PW.1. He has deposed that there was property dispute between his family and accused family and Civil suit is pending. On 03.07.2009, at about 7.00 am, when Annadurai (PW.1) and his father Moorthy was about to leave their house for work, 1st and 2nd accused came to their house and started scolding them with obscene words. A4 (Attappan) joined them soon after and blamed them that they have taken away the “Velikathan bush”. At that time, A1 to A3 took the iron rods kept nearby, A1 attacked Moorthy and Annadurai (PW.1) with iron rod on their head. A2 attacked Annadurai (PW.1) on his back. When Stella sister of PW.1 came to rescue, A1 attacked her with iron pipe on her head. A4 attacked Sugantha mother of PW.1 with his hand, they all threatened that they will eliminate them. Thereafter, all the injured persons went to Tiruvallur hospital in the auto of one Vimal. The father of PW.1 Moorthy died during the trial and therefore, he was not examined. The other injured witnesses Annadurai, Stella, Sugantha and Amulu were examined as PW.1, PW.2, PW.3 and PW.4 respectively. The brother of Annadurai (PW.1), Kumar who came to the spot, after hearing the news was examined as PW.5. He has deposed about the previous enmity and the incident which happened on 03.07.2009. Vimal, the Auto driver and his wife Santhiy