STATE Vs. VELAYUTHAM

JUDGEMENT

(1.) THE State of Pondicherry has brought forth this appeal aggrieved over the acquittal of the respondents in a case of murder by the II Addl. Sessions Judge, Pondicherry in S. C. No. 93 of 1997. The accused/respondents stood charged under Sections 148, 449 read with 149 and 302 read with 149 IPC and on trial they were acquitted.

(2.) THE gist of the case of the prosecution as could be seen from the available materials is: -There was a civil dispute between A-1 and Kandeepan, since deceased, in respect of a landed property, which after trial went in favour of the deceased. Therefore, A-1 was looking out to take revenge on the deceased. A-2 to A-5 were the close friends of A-1 and they shared the common object of murdering the deceased. On 10. 5. 96, the accused armed with veech aruval and knives were waiting for the arrival of Kandeepan near Iyyappan Institute. At about 7. 15 p. m. , when Kandeepan came near the institute, A-4 stabbed him on the hip. Immediately Kandeepan ran for his life inside the bakery-cum-residence of P. W. 2. When Kandeepan ran inside the bakery, all the accused chased him and attacked him indiscriminately. The occurrence was witnessed by P. W. s 1 and 2. P. W. s 4 and 8, who were the sons of the deceased, on coming to know, rushed to the spot and they also claim to have witnessed the occurrence. The accused, thereafter, fled away from the scene of occurrence and Kandeepan was found in a pool of blood.

(3.) P. W. 18, the Circle Inspector of Police, when he was on duty at 8. 00 p. m. , P. W. 1 came to the police station and lodged a complaint, Ex. P-1, on the strength of which a case came to be registered in crime No. 86 of 1996 under Section 307 read with 34 IPC. Ex. P-13 is a copy of the printed first information report and the same was despatched to the court. On receiving information that the injured Kandeepan has breathed his last, the crime was altered to one under Section 302 IPC and Ex. P-14 is the express report in the altered crime.