STATE Vs. MANIKANDAN

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 19th July, 2006 passed by the High Court of Judicature at Madras in Criminal Appeal Nos.389 & 575 of 2003 together with Criminal Revision Nos.201 and 1389 of 2002, whereby the High Court has dismissed both the appeals and both the revisions, confirming the judgment delivered by the Additional Sessions Judge, Nagapattinam in S.C. Nos.39 of 1998 and 148 of 1999.

(2.) As recorded in the impugned judgment of the High Court, there are six accused in S.C. No.39 of 1998 on the file of Additional Sessions Judge, Nagapattinam. They are: Murugesan (A-1), Senthil Kumar (A-2), Manikandan (A-3), Rajendran (A-4), Hari @ Harikrishnan (A-5) and Kathir @ Kathiravan (A-6). Since Manikandan (A-3) and Hari @ Harikrishnan (A-5) were absconding at the time of trial, their case was separated and they were subsequently secured and tried in S.C. No.148 of 1999. A separate trial was conducted in S.C. No.39 of 1998 as against A-1, A-2, A-4 and A-6. Both these cases ended in acquittal.

(3.) Before we proceed further, it is necessary for us to set out the facts very briefly. A-1's brother Kaliyamurthy was murdered due to previous enmity by Paneerselvam and two others. So Senthil Kumar (A-2) and Manikandan (A-1) who are the sons of Kaliyamurthy, had grudge against the deceased Gopalakrishnan as he had preferred a complaint against them in respect of an incident which took place on 21.10.1992. It was alleged that due to the said motive when Gopalakrishnan along with his wife Vijaya, was proceeding on his bicycle, Murugesan (A-1), Senthil Kumar (A-2), Rajendran (A-4) and Manikandan (A-3) assaulted Gopal @ Gopalakrishnan with Aruval, causing instantaneous death.