SATHAKUPPAN Vs. SATHA DURAISAMY

JUDGEMENT

(1.) This criminal revision case has been filed by the complainant P.W. I against the judgment dated 17.7.1987 rendered in S.C. No. 25/87 by the Second Additional Sessions Judge, Salem, acquitting the respondents 1 to 15/accused 1 to 15.

(2.) This is a case of murder. There were 15 accused in the case. The Sessions Court after trial of the case, held that the case against the accused has not been proved and therefore acquitted all the accused. It appears that the State has not preferred any appeal. Aggrieved, P.W. 1, Sathakuppan, the petitioner herein, he chosen to file the criminal revision case against the judgment.

(3.) The case of the prosecution in brief is as follows: On 19.1.1985 all the 15 accused formed themselves into an unlawful assembly at Kannamar Koil Odai and the first accused killed one Muthuswamy by shoot him with a gun and the second accused attempted to kill P.W.2 Ponnuswami and shot at him with a gun and the said Ponnuswami sustained injuries. Accused 2 to 15 abetted the first accused in shooting Muthuswami and at the same time accused 1 and accused 3 to 15 abetted the 2nd accused in shooting Ponnuswami. Subsequently, accused 1 to 3 with a view to review evidence burnt the dead body of Muthusamy. The further case of the prosecution is that accused 1, 10 and 4 were found in possession of guns and revolvers without licence. On these allegations accused 1 to 15 were charged as follows: