PANDIAN Vs. RAMESH

JUDGEMENT

(1.) This Criminal Revision Case has been filed by Pandian, the de facto complainant in this case, through M/s.G.Pugazhenthi & P.Nagaraju, Advocates, on 02.04.2005, challenging the acquittal of respondents 1 to 5 of the offence under Section 302 r/w. 149 IPC , and for enhancement of sentence qua the offences under Sections 294(b) , 324 , 148 and 506(ii) IPC.

(2.) For the sake of convenience, the respondents 1 to 5 will be referred to as accused.

(3.) It is the case of the prosecution that, due to previous enmity, the respondents 1 to 5 (accused) formed themselves into an unlawful assembly on 23.05.2001, around 07.00 a.m., and attacked Pandian (P.W.1), while he was proceeding to his farm, chased him into his house, assaulted him, his two brothers (P.Ws.2 and 3), his mother and his wife Kasthuri. On these allegations, a written complaint (Ex.P1) was given, based on which, the police registered a case in Crime No.199 of 2001 for the offences under Sections 147 , 148 , 341 , 448 , 294(b) , 324 , 323 , 427 and 506(ii) IPC. The injured were taken to the Government Hospital, Vridhachalam, where they were examined by Dr.Subramanian (P.W.9). On 07.06.2001, around 01.45 p.m., Kasthuri died and therefore, the case was altered to one under Section 174 Cr.P.C. and thereafter, Section 302 IPC was added.