SURESH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) On 28/2/2014, when PW10, Senthil Kumar was on duty at Annur Police Station, Coimbatore, PW1 appeared before him and lodged a Complaint to the effect that the day before the Complaint i.e., on 27/2/2014, during the night, himself and PW1, Sampath Kumar, and the Victim/one Mani Gounder @ Palanisamy were sitting and consuming liquor outside KSR Maligai Shop along with the Accused/Suresh. During that time, a dispute as to giving way to Suresh's lands by the deceased cropped up and the deceased asserted that he will not give way. There was a wordy quarrel. Thereafter, the deceased started for home by getting onto his TVS 50 Moped. When he sat on it, the enraged Accused shouted at him as to how he will not give him way and picked up a stone near the Moped and hit him on his head, resulting in serious bleeding injury. PW1 & PW2 immediately tried to lift him to send him to Hospital. But, the deceased was not conscious. They immediately shouted at the Accused for he caused the death of the deceased and thereupon the Accused hastily left the scene in his bike.

(2.) On the strength of this Complaint, a case in Crime No.87 of 2014 was registered for the offence punishable under Sec. 302 of the Indian Penal Code. Thereafter, PW11 initially took up and thereafter PW12 completed the investigation and laid a charge sheet proposing that the Accused committed an offence under Sec. 302 of I.P.C. The same was taken on file as P.R.C. No.17 of 2015, on the file of the learned District-cum-Judicial Magistrate, Mettupalayam. Upon appearance of the Accused and furnishing of copies, the case was committed to the learned District and Sessions Judge, Coimbatore, wherein the case was taken on file as S.C. No.162 of 2015 and was made over to the learned First Additional District and Sessions Judge, Coimbatore.

(3.) Heard Mr. A.E. Ravi Chandram, learned Counsel for the Appellant and Mr. J. Subbiah, learned Government Advocate (Crl.side) appearing for the Respondent.