EZHUMALAI Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The instant Criminal Appeal has been filed against the order of acquittal passed against the respondents 2 and 3, by the learned Principal District Sessions Judge, Thiruvannamalai District in S.C.No.153 of 2011.

(2.) The appellant herein is the defacto complainant. Shun of unnecessary details, the necessary facts which are relevant for the effective disposal of the instant Criminal Appeal are that, P.W.1 / defacto complainant, and the first accused are the sons of deceased, Karaikandan. The second accused is the wife of the first accused. According to the prosecution, there was a dispute between the brothers, namely P.W.1 on one side and the first accused on other side. While so, on 24/7/2010, P.W.1 demanded a sum of Rs.700.00 being the accused share of common expenditure, from the second accused, in the absence of her husband / first accused. Enraged by the act of P.W.1, on 25/7/2010, at about 10.00 a.m., when the deceased and the P.W.1 were standing in front of their house, the first accused had rushed to the scene of occurrence along with his wife / second accused, with a wooden log, and both of them had abused and attacked P.W.1. When the deceased intervened and attempted to pacify both of them, the first accused assaulted the deceased on his forehead indiscriminately and the second accused attacked the deceased on his face. As a result, the deceased fainted and was immediately taken to Thiruvannamalai General Hospital, where he was referred to Puducherry General Hospital for further treatment. However, when the deceased reached the hospital, the doctors declared that the deceased died on the way.

(3.) Thereafter, P.W.1 gave a police complaint against both the accused on 25/7/2010 at about 15.30 hrs, before the Sub Inspector of Police (P.W.11). Upon receipt of the complaint, an F.I.R was registered in Crime No.282 of 2010 under Ss. 294(b), 323, 307 IPC. Subsequently, P.W.11 forwarded the same to the concerned Jurisdictional Magistrate, as well as to the Investigating Officer. The Investigating Officer (P.W.12), after receiving a copy of the F.I.R went to the scene of occurrence and prepared an observation mahazar and rough sketch in the presence of the witnesses. He had also recorded the confession statement of both the accused, and an alteration report was sent to the Court, for altering the charges from 307 IPC to 302 IPC. Thereafter, P.W.12 also recovered the weapon, and forwarded it to the Jurisdictional Magistrate. After recording the statements of the postmortem doctor and the other witnesses, he eventually laid the charge sheet against the accused.