The main legal point established in the judgment is the application of exceptions under Section 300 of IPC to determine the appropriate conviction and sentence for the appellants.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, praying this Court to set aside the judgment, dated 23.03.2019 made in S.C.No.86 of 2010, on the file of the learned Additional District and Sessions Judge, (Fast Track Court), Nagercoil and allow this Criminal Appeal.)

Nisha Banu, J.

1. This Criminal Appeal has been filed against the judgment of the Additional District and Sessions Court, Nagercoil, made in S.C.No.86 of 2010, dated 23.3.2019, convicting and sentencing the appellants in the following manner:-

2. The case of the prosecution is that A1 and A2 are brothers and A3 and A4 are the natives of Nalloor and they are close friends of A1 and A2. A1 and A2, who belong to a political party, said to have attended a marriage function on 29.11.2009 at about 10.30 a.m. at Ottapanavilai, Madichal and when they were having food, the deceased Sindhumon is said to have developed a wordy quarrel, resulting in A1 being pushed down in front of others.

3. In view of the above incident, a motive was developed in the mind of A1 and A2 and on 29.11.2009, at about 4.30 p.m., the deceased was coming near the grocery shop belonging to one Mani and A1 stabbed the deceased all over the chest with a knife and A2 also caused three stab injuries on the deceased. As a result, the deceased suffered serious injuries and was taken to the Government Hospital, Kuzhithurai, between 4.30 p.m. and 5.10 p.m. on 29.11.2009. In the course of the same transaction, A1 is said to have stabbed P.W.1 on the nose, when he questioned about the incident and caused injuries to him. All the accused persons ran away on seeing the crowd gathering near the scene of crime.

4. Based on the complaint given by the brother of the deceased namely, Prabhu, who died subsequently and hence was not examined as a witness, an FIR came to be registered in Crime No.503 of 2009 at about 5.00 p.m. against A1 and A2 for the offence under Sections 324 and 302 of IPC. This document was marked as Ex.P16. During the course of investigation, the 3rd and 4th accused were also added for the offence under Section 212 of IPC.

5. The investigation was conducted by P.W.14 and the final report was laid against all the accused persons before the Judicial Magistrate No.I, Kuzhithurai. The case was committed to the Principal District and Sessions Court, Nagercoil and it was made over to the Court below.

6. The prosecution examined P.W.1 to P.W.14 and marked Ex.P1 to Ex.P20 and M.O.1 to M.O.10 were identified and marked. The Court also called for certain documents and it was marked as Ex.C1 to Ex.C3. The Trial Court, based on the incriminating evidence available against the accused persons, questioned them under Section 313 (1) (b) of Cr.P.C and the same was denied by the accused persons as false.

7. The Trial Court, on considering the facts and circumstances of the case and on appreciation of the evidence available on record, came to a conclusion that charges have been proved against A1 and A2 beyond reasonable doubts by the prosecution and accordingly, convicted and sentenced them in the manner stated above. A3 and A4 were acquitted from the charges framed against them. Aggrieved by the same, A1 and A2 have filed this Criminal Appeal.

8. Heard Mr.S.Ramasamy, learned counsel for Mr.C.T.Perumal, learned counsel appearing on behalf of the appellants and Mr.A.Thiruvadi Kumar, lear