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Showing contexts for: section 355 in Madhavan vs The State Of Tamil Nadu on 14 August, 2017Matching Fragments
A.M. KHANWILKAR, J.
1. The appellants (Accused Nos. 1 to 5, respectively) were tried for an offence punishable under Sections 147, 324, 324 r/w 149, 355 r/w 149, 506 (ii), 506 (ii) r/w 149, 302 and 302 r/w 149. The appellant no. 2 is the wife of appellant no. 1. The appellant nos. 3 and 5 are the sons of appellant nos. 1 and 2. The appellant no. 4 is the wife of appellant no. 3. According to the prosecution, on 4.12.2004, at about 7.00 a.m., near the house of PW1-Saradha, due to previous enmity in connection with some land dispute between the appellants’ family and the family of the deceased, the appellants with the common object of causing the death of the deceased Periyasamy (husband of PW1) and causing hurt to witnesses Saradha (PW1) and Tamil Selvan (PW2), formed themselves into an unlawful assembly and committed riot. The appellant no. 1 assaulted PW1 and PW2 with “Thadi” (wooden log) on their left leg knee and chest respectively, causing simple injuries. During the altercation, appellant no. 2 caught hold of PW2 and appellant no. 4 pulled the tuft of PW1 and dishonoured her. The appellant nos. 1 to 4 criminally intimidated PW2 and also assaulted deceased Periyasamy indiscriminately on his chest with thadi. The appellant no. 5 also assaulted Periyasamy with thadi on his left side chest and left leg. Resultantly, Periyasamy suffered injuries and was rushed to the hospital in a serious condition. Finally, whilst in hospital Periyasamy was declared dead on 9th December, 2004.
A.2 and A.4 found not guilty for the offence punishable u/sec. 355 of IPC., and they have acquitted from their charges u/sec. 235(1) of Cr.pc.
In respect of 5th charge:
A.1, A.3 and A.5 found not guilty for the offence punishable u/sec. 355 r/w.149 of IPC., and they have acquitted from their charges u/sec.235(1) of Cr.P.C., In respect of 6th charge:
A.1, A.3 found not guilty for the offence punishable u/sec.506(ii) of IPC., and they have acquitted from the charges u/sec.235(1) of Crpc., In respect of 7th charge: