RAJESH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by Accused 1 and 2, challenging the conviction and sentence imposed upon them vide judgment dtd. 25/10/2018 in S.C.No.3 of 2018 on the file of the learned Sessions Judge, Karaikal.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

(3.) (i) It is the case of the prosecution that during May 2017, the deceased, PW1 and PW2 had caused the murder of A1's brother; that therefore A1 vowed to take vengeance on the deceased; that the deceased, PW1 and PW2 were arrested in connection with the said murder and released on bail and were directed to stay in Karaikal and report before the Karaikal Town Police Station every day; that A1 to A5 forcibly kidnapped PW5 and PW6 who were close to the deceased and forced them to point out the whereabouts of the deceased and took both of them in a car on 9/1/2018; that A1 asked PW5 to make a call to the deceased and ask him to come to the petrol bunk near the bus stand in Karaikal, where the accused were waiting in the car ; that when the deceased came there, A1 to A3 tried to attack the deceased, who ran towards the road near the petrol bunk; that A1 to A3 chased the deceased; that A1 assaulted him by using an aruval on the back side of his head; that A2 assaulted the deceased with an aruval all over the body; that A3 assaulted the deceased by using a wheel spanner; and that after the attack, the accused returned with bloodstained clothes and knives to the car.