STATE Vs. RAJAMANI

JUDGEMENT

(1.) THIS is an appeal against acquittal. The State is the appellant. The respondents are the accused A1 to A3 in S.C.No.120 of 2005 on the file of the learned Principal Sessions Judge, Tirunelveli. They stood charged for the offences under Sections 341, 294(b) and 302 IPC and 302 r/w 34 IPC (as against A1 Section 302 IPC and as against A2 and A3 Section 302 r/w 34 IPC). By Judgment, dated 23.01.2006, the Trial Court acquitted the respondents. The State is aggrieved by the same. That is how the State is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows: - The deceased in this case was one Selvaraj. There was a long standing enmity between the deceased and the first accused, on account of money dealing. The second accused is the maternal uncle of the first accused and the third accused is their close relative. It is alleged that on 16.10.2004 at 06.00 a.m. the deceased and his wife (PW1) were proceeding towards their pumpset which is situated on the north side of their house. When they were nearing Sandhana Mariamman Temple, all the three accused suddenly appeared. The first accused was armed with an aruval and the third accused was armed with a knife. On seeing the deceased, the first accused shouted at him saying as to how he could make a complaint against him after having borrowed money from him. Suddenly, the second accused caught hold the deceased and prevented him from further moving. Pws2 and

(3.) PW 10, then handed over the case diary for further investigation to PW15, who was the then Inspector of Police took up the case for further investigation on 06.10.2004 at 09.15 a.m. He proceeded to the place of occurrence and prepared an Observation Mahazar in the presence of PW6 and another witness at 10.15 a.m. He prepared a rough sketch showing the place of occurrence. Then, he arranged for taking photographs of the dead body in the place of occurrence. Between 10.30 a.m. and 12.30 p.m., he conducted inquest on the body of the deceased. During which, he examined Pws 1 to 3 and recorded their statements. Ex.P18 is the inquest report. Then, he sent the body for postmortem.