MAYILAMMAL Vs. STATE

JUDGEMENT

(1.) The petitioner, who is arrayed as A1 was arrested, on 18/09/2021 and remanded to judicial custody for the alleged offences punishable under Sec. 147, 148, 149, 302, 120(B), 109 IPC @ 147, 148, 149, 302, 120(B), 109 IPC and 34 IPC, in Crime No.147 of 2021, seeks bail.

(2.) The case of the prosecution, after investigation as found in the final report is that the deceased Ranjith Kumar was a practising Advocate in Uthamapalayam Courts. He entered into a sale agreement, on 14/11/2019 with one Rajagantham in respect of coconut thope. On 16/11/2019, the witness No.1 was ploughing the field with tractor. At that time, the son of the above said owner Rajagantham, who is A9 herein along with A1, A2 and A8 came there along with 10 persons, caused assault on his brother Ranjithkumar. On the basis of the complaint given by the de-facto complainant, a case in Crime No.239 of 2019 was registered by the Gudalur South Police.

(3.) Subsequent to that, in respect of the above said occurrence, enmity existed between two groups. So A1 was approached by A9-Vijayan to do away the deceased and wanted to repossess the property. A conspiracy was hatched in the office of the 8th accused in Gudalur, wherein A1-Jeyaprabhu, A2-Madhan, A3-Selvam, A8-Chokkar and A10-Mayilammal participated. In pursuance of the above said conspiracy, on 06/03/2020, the movement of the deceased was watched. In the place of occurrence, A3, A4, A5, A11 and A12 came in a car and waiting for him. The plan was smelt by the witness Selvendhran. The witness No.2 was also following the Ranjithkumar in a two wheeler. This was noticed by A7 and informed to A12. At about 3.30 pm, when the deceased was nearing Govindhanpatti Poomalai Theatre, the hired hooligans namely A3, A4, A5, A11 and A12 dashed the car behind back of the bike, which was driven by the deceased. He fell down and tried to escape. But, A4 caused severe injury with aruval, so also A5. A-11 with knife caused severe assault. A12 caused assault with knife. Due to it, the deceased died on the spot. So all the accused persons were charged for the offences punishable under Sec. 147, 148, 149, 302, 120(B), 109 IPC and 34 IPC, Now, they are facing the charges before the trial court.