SIVAKUMAR Vs. STATE REP. BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) These two appeals impugn common judgment and order of the High Court of Judicature at Madras at Madurai [High Court] dtd. 26/3/2019 and 4/4/2019 respectively passed in connected Criminal Appeal (MD) Nos. 85 and 167 of 2017. As these appeals impugn common judgment and order, they have been heard together and are being decided by a common judgment.

(2.) Appellant Senthil (hereinafter referred to as A-1) and appellant Sivakumar (hereinafter referred to as A-2) were tried together along with two other persons, namely, Punitha (hereinafter referred to as A-3) and Jayanthi (hereinafter referred to as A-4) for offences punishable under Ss. 294(b), 323, 324 and 302 read with Sec. 34 of the Indian Penal Code, 1860 [ IPC] arising from Crime No. 189 of 2014 registered at Police Station Thiruvidaimaruthur.

(3.) The prosecution case, in brief, is as follows: Ganesan and Kaliyamurthy (the deceased) were real brothers. Ganesan died a decade earlier. A-1 is son of Ganesan whereas A-3 and A-4 are daughters of Ganesan. A-2 is husband of A-3. Ganesan and the deceased shared a common boundary regarding which there was a dispute. On 20/9/2014, at around 11:30 a.m., when the deceased was fencing his property, A-1 to A-4 objected to it. However, the deceased insisted on his right to fence the property which infuriated A-1. As a result, A-1 took an Aruval (a sickle like tool used for harvesting crops) and aimed a blow on the deceased. Seeing this, the deceased's brother Kalaivanan (PW-4) intervened to protect the deceased. As a result, the blow fell on PW-4's shoulder. Thereafter, A-1 struck another blow on PW-4's leg and injured his toe. In this melee, when the deceased went to rescue PW-4, A-2 lifted a log and gave a hard blow on the deceased's head. As a result, the deceased fell unconscious. When the deceased was lying unconscious on the ground, A-3 and A-4 attacked the deceased and PW4 with sticks and thereafter, the accused ran away.