S. BALASUBRAMANIAN Vs. VINODHAGAN

JUDGEMENT

(1.) THE witness examined as PW1 in SC.No.253/2002 before the Sessions Judge, Nagapattinam District is the petitioner herein. This criminal revision is filed against the order of acquittal of the accused from the charges framed against them for the offences under Sections 147, 362, 302 r/w sections 149, 342 and 362 IPC. The present petitioner is none else than the father of one Velu, who died for the injuries sustained by him in the occurrence happened at 3pm on 14.8.2001 at Mannargudi Bus Stand campus. The criminal law is set in motion, according to the prosecution, on the basis of Ex.P1 complaint purported to be given by PW1 Balasubramanian, which is registered as FIR in Crime No.549/2001 on the file of Mannargudi Police Station, culmination of which is SC.253/2002, arising out of which is the present criminal revision.

(2.) THE complaint as well as the criminal case is filed against the respondents 1 to 5 herein. The case of the prosecution is as follows: Velu was employed in abroad. At about 3.00 pm on 14.8.2001 Velu along with his father PW1 had been to Samy Travels near Mannargudi Bus stand, where they met PW2 Veerapandian and PW4 Dharmadurai and where there was wordy altercation between A1 Vinodhagan and deceased Athavan on one hand and deceased Velu on other hand and the same was followed by the act of assault of Velu by the accused persons and the same was pacified by PW2 Veerapandian and PW4 Dharmadurai. Thereafter, Velu had been to public telephone booth, inside the bus stand, for making a call and he was followed by PW1, PW2 and PW4 and also by accused 1 to 5. The accused party on the wrong impression that Velu made a call to seek help to retaliate the attack of the accused party, started attacking Velu with soda bottle and they carried him near public toilet and started attacking him with Aruval, soda bottle and wooden plank indiscriminately and violently and pressed his neck and throat with legs and caused him grievous injuries, which led to his death. Thereafter, they ran away from the scene of occurrence. The injured was taken to hospital in mini bus by PW3 Ganesan and one SivaKamaraj, where he was declared to be dead. In the mean while, police reached the scene of occurrence and recorded the statement of PW1 and reduced the same into writing as PW1 complaint and registered the case and investigated the same and the outcome of which is the final report and the same was taken cognizance by the court below against the accused 1 to 5 for the offences referred to above.

(3.) THE prosecution, in order to bring home the guilt of the accused examined the father of the deceased and his villagers Veerapandian, Ganesan and Dharmadurai treating and post mortem doctors, observation and seizure mahazar witnesses and the witnesses for arrest and confession statement and the Sub Inspector, Head constable and Inspectors of Police/IO as PW1 to PW18 and produced the complaint and other documents as Exs.P1 to P27 documents, besides MO1 to 12 material objects.