STATE BY PUBLIC PROSECUTOR Vs. KALAIVANAN

JUDGEMENT

(1.) C .A. No. 514 of 1986 is directed by the State on Special Leave, while Crl. R.C. No. 394 of 1985 as directed by P.W. 2, wife of the deceased Balendra Thevar and the sister of the deceased Muthuraj, against the order of acquittal passed by the learned Sessions Judge, Post Thanjavur Division, Thanjavur. Respondents 1 to 6 were tried for five charges under Sections 120 -B(1), 302, 114 read with Section 302 and 114 read with section 302, Indian Penal Code on the allegation that between 27.4.1983 and upto the morning of 29.4.1983 at Kalanivasal they hatched a criminal conspiracy to commit the murder of Balendra Thevar (hereinafter referred to D.1) and one Durairaj (hereinafter referred to D.2) and in pursuance of the said conspiracy, on the night of 28.4.1983 the first accused caused the death D.1 by cutting him with aruval; the second accused caused the death of D.2 -by cutting him with aruval and accused 3 and 4 abetted accused 1 and 2 to cause the murders of D.1 and D.2. To substantiate the above charges, the prosecution examined P.Ws. 1 to 14, filed Ex. P.1 to P.21 and marked M.Os. 1 to 15.

(2.) THE case of the prosecution as disclosed from the oral and documentary evidence, which is necessary for the disposal of the appeal and the revision case, may be succinctly stated as follows :Respondents I to 6 are the accused in the cases, D.1 and D.2 belong to Kalanivasal village. P.W. 2 is the widow of D.1 and the sister of D.2. Accused 1 to 6 are the residents of Kalanivasal village. Accused 1 and 2 are brothers. P.W. 1 is the village Administrative Officer of Kalanivisal village. P.W.

(3.) ON the night of 28.4.1983 after taking meals. D.1 and D.2 went to the kollai for guarding the same as usual by taking bed. P.W. 7 was returning from Poovathakudi in a bus along with accused 5, 6 and two others after attending a condolence. Accused 5 and 6 alighted from the bus near the Peravurani Railway Station. P.W. 7 and others alighted at the bus stand. Later P.W. 7 and Chidamabara Thevar went to the Sivan Koil Tank and from there preceded to their village. They saw asked 5 and 6 in the village, south of the temple, and P.W. 7 asked them whether they were coming only then, to which they replied in the affirmative. P.W. 7 then saw accused 1 to 3 coming that side, followed by some others at some distance. It was about 10 P.M. Thereupon P.W. 7 went to his house.