ANTONY RAJ Vs. STATE

JUDGEMENT

(1.) THE conviction and sentence dated 16.12.2013 passed in Sessions Case No. 191 of 2013 by the Second Additional District and Sessions Court, Thoothukudi are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that due to previous animosity in between the accused and deceased by name Uthasuriyan, with intention to murder him, the accused have hatched conspiracy on 02.06.2010 in Veerakaliamman Temple and in pursuance of their conspiracy, on 15.06.2010, at about 04.30 p.m., in Arumuganeri, while the deceased Uthasuriyan after finishing his work in D.C.W. Company, has waited for alighting bus in bus stop, at that time the accused 1 and 2 and deceased accused Sathiya have indiscriminately attacked on the person of the deceased and due to overt acts committed by them, he has passed away and after occurrence, the de facto complainant by name Ramakrishnan (P.W.13) has given a complaint and the same has been registered by the Sub Inspector of Police (P.W.17) in Crime No. 233 of 2010 and the same has been marked as Ex.P.5. On receipt of Ex.P.5, P.W.19, the Inspector of Police has taken up investigation, examined connected witnesses and also made arrangements to conduct autopsy and the same has been done by Dr.Jasmine Punitha (P.W.12) and she has found the following external and internal injuries on the person of the deceased:

(3.) THE Judicial Magistrate, Tiruchendur after considering the fact that the offences alleged to have been committed by the accused are triable by Sessions Court, has committed the case to the Court of Sessions, Tuticorin Division and the same has been taken on file in Sessions Case No. 191 of 2013.