JUDGMENT :

The present appeal is directed against the conviction and sentence, dated 11.03.2016, made in Spl.S.C.No.43 of 2014, on the file of the I Additional District Sessions Court, (P.C.R), Thanjavur.

2. The appellants are arrayed as accused Nos.3 & 5 in the above case. The appellants along with 6 other accused stood charged for the offences punishable under Sections 147, 148, 294(b), 324, 352, 354, 506(ii), 302 of IPC and Section 3(2)(V) of SC/ST (POA) Act, 1989. All the accused denied the charges as false and opted for trial. Therefore, they were put on trial on the charges.

3. After full-fledged trial, the learned I Additional District and Sessions Judge (P.C.R.), Thanjavur, came to the conclusion that the appellants 1 & 2 found guilty for the offences under Sections 326 and 324 of IPC, respectively and accordingly, the first appellant/third accused Selvaraj was convicted and sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.5,000/- in default to undergo Simple Imprisonment for 6 months. Similarly, the second appellant/fifth accused Kumaresan was convicted and sentenced to undergo Rigorous Imprisonment for 2 years and to pay a fine of Rs.2,000/- in defaul,t to undergo simple imprisonment for three months. Challenging the said conviction and sentence, both the accused Nos.3 & 5 are before this Court, by way of filing the present Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal:-

(i) Both the accused and the victims in the alleged occurrence are the resident of Neiveli Vadapathi Village. Due to the land dispute, there was a prior enmity between both parties. The accused Nos.1 & 2 are belonged to Hindu Kallar community. The witnesses P.W.1-Karuppaiah, P.W.3-Savithiri, the deceased and the accused Nos.3 to 8 are belonged to Hindu Parayan community.

(ii) On 10.10.2013 around 06.00 p.m., when P.Ws.1 to 3 and the deceased Sekar were doing tillage work at Seeniyaviduthi, all the accused in this case, unlawfully assembled with deadly weapons viz., iron rod, wooden log, Sickle and mud cutter came there and at the time of occurrence the accused Nos.1 & 2 abused the witnesses P.Ws.1, 3 and the deceased with filthy language by citing their caste name, further Accused Nos.1 & 3 attacked the deceased Sekar with Iron rod on his left forehand and thereby caused his death. While such a time, Accused Nos.2,4 and 5 in this case by using the iron rod attacked one Karuppaiah and caused simple injuries. Further, Accused Nos.3 & 5 attacked Padma with iron road on her left forearm and there by the said Padma sustained simple injury. Apart from that, in the said occurrence, the third accused attacked Savithiri with iron rod on her left forehand and the sixth accused attacked her with wooden log on her left leg, further, seventh accused with mud cutter and accused No.8 with sickle threatened her.

(iii) Immediately, after the said occurrence, the deceased Sekar and other injured witnesses were hospitalised at Government Hospital, Pattukottai and on receipt of intimation from the Hospital, P.W.14 Madhavi, the Sub-Inspector of Police, visited the said hospital and recorded the statement from deceased Sekar. On 11.10.2013 upon the statement given by the deceased, she registered a case in Cr.No.122/2013 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 354 IPC. After registration of the case, on 12.10.2013 at about 17.00 hours, she herself took up the investigation, visited the place of occurrence and in the presence of witnesses P.W.6-Raman and one Mahalingam, she prepared an Observation Mahazar under Ex.P2. She drawn the Rough Sketch under Ex.P23. She examined the witnesses and recorded their statements. She altered the Sections of law from 147, 148, 294(b), 323, 324, 354 of IPC to Sections 147, 148, 294(b), 323, 324, 354, 506(ii) of IPC under Ex.P.24. On 14.02.2013 around 11.00 hours near Sengkolla