STATE Vs. GUNASEKAR

JUDGEMENT

(1.) THE order of acquittal dated 19.08.2008 passed in Sessions Case No. 124 of 2007 by the Principal District and Sessions Court, Dindigul is being challenged in the present Criminal Appeal.

(2.) THE crux of the case of the prosecution is that the first accused by name Gunasekar @ Sekar is the brother -in -law of the deceased by name Karuppusamy. The second accused Selvaraj @ Thangaraj is the brother -in - law of first accused and third accused Ramesh @ Ramesh Raja is known to both the accused 1 and 2. The first accused has used to make frequent demand of money from the deceased. On 10.05.2006 at about 10.00 p.m., in Kandappagoundenvalasu while the deceased has resided in a hut, situates in his garden, all the accused have come there by using a motor cycle. The first accused has demanded money from the deceased. Since the deceased has refused to part with his money and having enraged at his conduct, all of them have attacked him by using deadly weapons and due to their overtacts the deceased has sustained fatal injuries. The accused have also threatened the brother of the deceased by name Vellaichamy, his wife Mayilathal and one Selvaraj. After occurrence, the then injured (deceased) has been taken to Government Hospital, Palani. Since his condition is critical, he has been referred to Government Rajaji Hospital, Madurai where it is declared that he passed away and thereafter the de facto complainant by name Vellaichamy/brother of the deceased has given Ex.P.1, the complaint and the same has been registered by the concerned Sub Inspector of Police viz., Ayyanar in Crime No. 96 of 2006 under Sections 302 and 506(ii) of the Indian Penal Code.

(3.) A Lacerated Injury over occipital region 5 x 3 x bone depth.