M JAYACHANDRAN Vs. STATE

JUDGEMENT

(1.) Challenging the acquittal of the respondents 2 to 5 in S.C. No. 102 of 2009 on the file of the learned Sessions Judge, Special Court for Bomb Blast Cases, Coimbatore, the petitioner, who is the de facto complainant in the said case, has come forward with this criminal revision. For the sake of convenience, the parties will be hereinafter referred to in the array of parties before the trial Court.

(2.) The facts of the case would be as follows: The 4th Accused Saraswathi is the wife of the 3rd Accused. The 1st Accused and the 2nd Accused are their sons. The deceased was one Mr. Mounasamy. P.W.1 is his son. P.W.5 is the wife of P.W.1. In respect of a land dispute, there had been no love lost between the two families. On 3/9/2008 at about 11.00 a.m. the deceased and P.W. 1 had gone to the disputed land. The Accused were already there. On seeing the deceased and P.W. 1, all the 4 accused attacked the deceased with hands; more particularly, A1 fisted on the chest of the deceased. The deceased fell down. After intimidating P.W.I, the accused fled away from the scene of occurrence. P.W.3, who belongs to the same village, was incidentally proceeding near the place of occurrence. On hearing the alarm raised, he went to the spot and witnessed the occurrence. He prevented the accused from further attacking the deceased. According to him, A1 to A4 kicked him on the stomach. Thereafter, the deceased went along with P.W.I in a motor cycle to his house. P.W.3 also left. While at home, the deceased had lunch in the after noon. Then, he complained of chest pain. So, the petitioner (P.W.I) proceeded to fetch a Doctor from Tirupur. P.W.2 Dr. Nallathambi, a retired Government Doctor was then running a private clinic at Tirupur. At about 4.00 p.m. on the request of P.W.1 he went to the house of the deceased and examined him. On examination he found him dead. He opined that he died of heart attack. Thereafter, P.W. 1 proceeded to Negamam Police Station. At about 7.30 p.m. he gave an information in writing (Exhibit P-1). P.W.9, the then Inspector of Police of the said Police Station registered a case on the said complaint in Cr. No. 232 of 2008 under Section 302, 323 and 506(ii) of IPC. He forwarded the original Complaint (Exhibit P-1) and the FIR (Exhibit P-9) to the Jurisdictional Magistrate.

(3.) Taking up the investigation, at 9.00 p.m. on the same day, P.W.9 proceeded to the place of occurrence and prepared Exhibit P-6 Observation Mahazar and Exhibit P-7 Rough Sketch. Thereafter, he held inquest on the body of the deceased between 11.00 p.m. and 2.00 p.m. during which, he examined P.W.I, P.W.3, P.W.5, P.W.6 and few more witnesses and recorded their statements. Exhibit P-10 is the Inquest Report. Thereafter, he forwarded the body to Coimbatore Medical College Hospital for post-mortem. Then, he arranged for taking photograph of the body and examined P.W.2 Doctor Nallathambi and P.W.8 Shanmughavel and recorded their statements. He recovered the blood stained cloths produced by P.W.8 which were removed from the body of the deceased. He examined P.W.4 Dr. Edwin Joe and obtained Exhibit P-2 Post Mortem Certificate. He gave an interrogatory to P.W.4 for which, P.W.4 gave a letter under Exhibit P-5. On completing the investigation, he filed charge sheet on 22.11.2008 against the respondents 2 to 5.