(1.) THE order of acquittal dated 24.09.2004 passed in Sessions Case No.115 of 2003 by the Additional District and Sessions Court/Fast Track Court No.I, Tuticorin is being challenged in the present Criminal Appeal.
(2.) THE case of the prosecution is that on 03.07.2002 at about 09.00 p.m. at Koluvainallur in front of Kamarajar Ikkiya Sangam, all the accused contrived themselves to murder the deceased by name Rajadurai. In pursuance of their conspiracy, the accused 1 to 4 have deterred the deceased and subsequently all the accused have attacked him by using deadly weapons. The deceased has had instantaneous death. After occurrence, the father of the deceased by name Ganesa Nadar has given complaint, marked as Ex.P.1, to P.W.15 and the same has been registered in Crime No.142 of 2002 under Sections 147, 148, 341 and 302 of the Indian Penal Code. The First Information Report has been marked as Ex.P.16.
(3.) ON receipt of Ex.P.1, the Inspector of Police, has taken up investigation and examined connected witnesses and he has also made arrangements to conduct autopsy on the body of the deceased and P.W.10, Doctor Tmt.Asika Begum has conducted autopsy and she found the following external and internal injuries on the person of the deceased: