GUNASEKARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in S.C.No.105 of 2004, on the file of the learned Special Court for Essential Commodities Act - Cum - Additional Sessions Judge, Pudukkottai.

(2.) (i) The case of the prosecution before the Trial Court is that the present petitioner and as well as the other accused persons in S.C.No.91 of 1995, on the file of Sessions Judge, Pudukottai, were charge sheeted for various offences, such as, under Sections 147, 148, 302 r/w 149, 326, 324, 323 IPC and also for causing grievous and simple injuries to the various witnesses. As per the prosecution version, the witness party and the accused party belong to the separate village called Marungoorani and Rajapatti respectively. A dispute arose between the villagers over Vinayagar Temple. A sporting event called 'Jallikattu' was conducted on 02.04.1994, in the village called Ganapathipuram. So, in that event, the deceased and witness party participated. The accused party also participated and during the sport event, quarrel arose between the accused on one side and P.W.I party on the other side. The petitioner along with the other accused, challenged the deceased party that they have to pass through their village in any event, they would murder them. That incident took place around 3.30 p.m on that date.

(3.) Now, according to this petitioner, the benefit of doubt, extended to the co-accused in Crl.A.No.322 of 1998, also enures him and the sessions case pending against him in S.C.No.105 of 2004 is liable to be quashed.