STATE Vs. GOVINDARAJ

JUDGEMENT

(1.) THE order of acquittal dated 30.06.2010 passed in Sessions Case No. 222 of 2009 by the Additional District and Sessions Court/Special Court for Essential Commodities Act, Thanjavur is being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that the accused 1 and 2 are father and son. The remaining accused 3 to 6 are their relatives and due to previous animosity that existed in between the deceased Victor and accused, they decided to murder him and to that extent they contrived themselves a conspiracy and in pursuance of the same on 22.10.2007 at about 07.30 p.m. in Palli Agraharam near Nondi Nadar shop, all the accused have formed an unlawful assembly. On the same day all the accused with deadly weapons have followed the deceased Victor while he has driven a two wheeler and the first accused has attacked him by using a deadly weapon and thereby caused fatal injuries and subsequently he passed away. At the time of attacking the deceased by the first accused, the remaining accused 2 to 6 are also present. After occurrence, the brother of the deceased by name Lawrence has given Ex.P.1, the complaint and the same has been registered by the Sub Inspector of Police in Crime No. 832 of 2007. On receipt of Ex.P.1, P.W.20, Investigating Officer has taken up investigation, examined connected witnesses and made all arrangements for conducting autopsy and P.W.17, Dr.Senthilkumar has conducted autopsy and he found the following external and internal injuries on the body of the deceased: External injuries: -

(3.) A vertically oblique bone deep cut wound over the left temporal region of scalp found extending on to left cheek measuring 6 c.m. x 2 c.m. x bone deep with cut fracture of the underlying bones.