BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2024 CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.A.(MD) No.896 of 2023 and Crl.M.P.(MD) No.17907 of 2023

1.Sekar @ Manikandan

2.Manimaran

3.Iyappan

4.S.Karthi ... Appellants/Accused Nos.1,2,4 & 5 -vs-

State through The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

In Crime No.571 of 2015. ... Respondent/ Complainant PRAYER: Appeal filed under Section 374 of the Code of Criminal Procedure against the Judgment dated 31.08.2023, in S.C.No.156 of 2016, on the file of the Additional District and Sessions Judge (Fast Track Court) Kumbakonam, Tanjore District.

For Appellant : Mr.Anandha Padmanaban Senior Counsel for Mr.S.Srikanth For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

J U D G M E N T

[Judgment of the Court was made by K.RAJASEKAR, J.]

This criminal appeal is filed against the judgment and order, dated

31.08.2023, passed in S.C.No.156 of 2016, by the learned Additional District and Sessions Judge (Fast Track Court) Kumbakonam, Thanjavur District. 2. The appellants are the accused Nos.1, 2, 4 & 5. The Trial Court framed the charges against the appellants, as detailed below:

Charge	Penal Provision
1	under Sections 120(B), 148, 294(b), 302 IPC against accused Nos.1, 4 & 5
2	Under Section 120(B), 148, 294(b), 302 r/w 149 IPC against accused Nos.2, 3 & 6.

The appellants/accused denied the charges as false and opted for trial.

3. After full-fledged trial, by judgment and order dated 31.08.2023, Additional District and Sessions Judge (Fast Track Court) Kumbakonam, Tanjore District convicted the appellants and sentenced them, as detailed below:-

Accused Nos.	Section of Law	Sentence of imprisonment	Fine amount
A1, A4 & A5	302 I.P.C	To undergo imprisonment for life	Rs.10,000/- each in default to undergo rigorous imprisonment for one (01) year.
A2	302 r/w 149 IPC	To undergo imprisonment for life	Rs.10,000/- in default to undergo rigorous imprisonment for one (01)year

A1, A2, A4 and A5 were acquitted for other charges. The period of sentence already undergone was directed to be set off under Section 428 of the Code of Criminal Procedure. A3 and A6 were acquitted for all charges. Aggrieved over the said conviction and sentence, the accused Nos.1, 2, 4 & 5 are before this Court, by way of filing the present Criminal Appeal.

4. The prosecution case in nutshell is as follows:

4.1. The deceased Paramasivam, who belongs to Kumbakonam Kakkan Colony, was running a flex board shop. There was an enmity between the first accused named Sekar @ Manikandan and the deceased. On 05.10.2015 night at Kumbakonam old bus stand, they had quarrelled and the matter was compromised between them on the same day.

4.2. On the next day on 06.10.2015 at about 7.15 p.m., while the deceased and his relative Thirumalai (P.W.1) were in the flex board shop, all the accused came there and abused the deceased with filthy language and threatened him. Subsequently, A1 attacked the deceased with billhook and cut on his right shoulder, right hand knee and when the deceased tried to escape, A5 attacked the deceased with billhook and cut him on his two legs, knees and when he fell down, A4 attacked the deceased with billhook and cut on his right head, back side of the head and on his back and A2, A3 and A6 rounded him and prevented him from escape and brutally all of them murdered him.

4.3. Immediately, P.W.1-Thirumalai has taken the deceased to the Kumbakonam Government Hospital for treatment. The Casualty Doctor P.W.8 attached with the Kumbakonam Government Hospital has examined the deceased at 7.30 PM and found that the deceased was died on the way to the hospital and sent the body to mortuary. Thereafter, P.W.1 went to Kumbakonam West Police Station and lodged a complaint - Ex.P16. Based on which, P.W.14, the Sub-Inspector of Police, Kumbakonam West Police Station registered the First Informatio

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