MARIMUTHU Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is directed against the order passed in Cr.M.P.No.2663 of 2022, dtd. 29/11/2022 by the learned II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District.

(2.) The case of the prosecution is that due to some previous enmity between the appellant and the third respondent/defacto complainant, on 6/8/2022, when the defacto complainant along with his son Petchairaja and his elder son Sivakumar and one Sudalaikumar were proceeding to Malapalayam, Kurichi for construction work, at about 09.20 am, when they are crossing Sai Baba Temple near Bye-pass road bridge one accused came in motorcycle and dashed Petchiraja's two wheeler and the other accused also attacked the said Petchiraja with deadly weapons and caused injuries. Subsequently, the said Petchiraja succumbed to the injuries on the spot itself. Hence, the second respondent registered a case against the accused including the appellant, in Crime No.228 of 2022 for the offences under Ss. 341, 294(b), 302 and 506(2) IPC and Ss. 3(l)(r), 3(l)(s) and 3(1)(v) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(3.) The learned counsel appearing for the appellant would submit that appellant name does not find place in the FIR; that only on the basis of the confession alleged to have been taken from the first accused, the appellant was implicated as eighth accused. He would further submit that the appellant was not present at the time of occurrence and only on the basis of conspiracy, he was implicated.