Selvam vs State Of T.Nadu Tr.Insp.Of Police

3. The facts very briefly are that on 16.11.2006 at 21:00 Hrs. a First Information Report (for short ‘FIR’) was lodged in Ganesh Nagar Police Station pursuant to a statement of Meyyappan recorded by the Sub- Inspector of Police. In this FIR, it is stated thus: Mayyappan lived at the Thethampatti, Thiruvarangulam, alongwith his family and that there was a dispute pending between his family and the family of Arangan over land. On 15.11.2006 at 11.00 a.m. Mariappan, who belongs to the family of Arangan, died and the family of Arangan wanted to take the burial procession through house street of Meyyappan and his family members but Meyyappan’s younger brother Chinnadurai and his father Rengaiah appealed to the important persons of the village saying that there was a separate public pathway for taking the dead body to the cremation ground and the village head and other villagers accordingly requested the members of the family of Arangan to carry the dead body of Mariappan through that public pathway. On 16.11.2006 at about 15:00 Hrs. Arangan and his brothers, Meyyappan, Murugan, Subbaiah, Chidambaram, Senthil, Selvam and others, armed with aruvals and sticks came to the family house of Meyyappan and asked his family members to come out and thereafter Arangan and Senthil delivered a cut on Chinnadurai and Selvam and others assaulted them with sticks and Chinnadurai was first taken to the government hospital and thereafter to the Thanjavur Medical College Hospital for treatment.

4. On the basis of this statement of Meyyappan, Ganesh Nagar Police Station Crime No. 795/06 under Sections 147, 148, 323, 324 and 307 of the Indian Penal Code, 1860 (for short ‘the IPC’) was registered. Chinnadurai died at the hospital on 25.11.2006. Investigation was conducted and a charge-sheet was filed. Charges were framed against Arangan (accused no.1) under Sections 148 and 302 of the IPC, against Meyyappan (accused no.2) under Sections 148 and 307 of the IPC, against Subbaiah (accused no.3) under Sections 147 and 307 of the IPC, against Chidambaram (accused no.4) under Sections 148 and 326 of the IPC, against Murugan (accused no.5) under Sections 148 and 326 of the IPC, against Senthil (accused no.6) under Sections 148 and 302 read with Section 34 of the IPC, against Selvam (accused no.7) under Section 147, 302 read with Section 34 and Section 325 of the IPC, against Thilak (accused no.8) under Sections 147 and 325 of the IPC and against Marthandam (accused no.9) under Sections 147 and 302 read with Section 34 of the IPC. The Trial Court convicted accused no.1 under Section 302 of the IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs.3000/- and in default, to further undergo rigorous imprisonment for a period of six months. The Trial Court also convicted accused nos. 6 and 7 under Section 302 read with Section 34 of the IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.3000/- and in default, to further undergo rigorous imprisonment for a period of six months. The Trial Court convicted the accused no.4 under Section 324 of the IPC and sentenced him to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.1000/- and in default, to further undergo rigorous imprisonment for a period of two months. Accused nos. 1, 4 and 6 filed Criminal Appeal no. 200 of 2008 and accused no.7 filed Criminal Appeal no. 201 of 2008 before the High Court against their conviction and sentences, but by the impugned judgment the High Court sustained the conviction and the sentences. Accused no.7 has filed Criminal Appeal no. 1857 of 2009 and accused nos. 1 and 6 have filed the other Criminal Appeal arising out of SLP (Crl.) Nos. 575-576 of 2010.

15. After considering the evidence of PW-1 and PW-2, the medical evidence of PW-1 and the fact that the deceased died after nine days of the assault, we are of the considered opinion that the Trial Court and the High Court were not right in convicting the appellants under Section 302, IPC, and the appellants should have been convicted instead under Section 304 Part-I read with Section 34, IPC. We accordingly allow these appeals in part, modify only the conviction and sentence on the appellants under Section 302, IPC, and instead order that the appellants (namely, accused nos.1, 6 and 7) are convicted under Section 304 Part-I read with Section 34, IPC, and sentenced to rigorous imprisonment for seven years. The fine amount imposed by the Trial Court and affirmed by the High Court is affirmed.