NERMATHI Vs. STATE

JUDGEMENT

(1.) THIS revision is filed by P. W. 1 in S. C. No. 219 of 2001 against the order of acquittal passed by the Additional Sessions Judge, villupuram Division, Villuparam.

(2.) THE brief facts of the case are as follows: on 18-10-1998 at about 8. 30 p. m. in between Akkarapalayam and kacchirapalayam Crescent Cinema Theatre near Komugi river, the accused waylaid and surrounded the deceased Sekar, took him to the forest shed and thereafter, A-1, A-3 to a-7 caught hold of the accused and prevented him from escaping and thereafter, the second accused stabbed the deceased on the left side of the neck, resulting in his death and thereafter the accused took the body of the deceased and threw in the river, thereby erasing all the evidence of murder, resulting in filing the charge-sheet against A-1 to A-7 under Sections 147, 148, 364, 302 201 r/w 149 I. P. C. The prosecution has examined 17 witnesses and marked 15 exhibits and 6 material objects to prove the guilt of the accused.

(3.) THE case of the accused is one of total denial. The prosecution relied on the evidence of the P. W. 6 and P. W. 7 alleged to be eye-witnesses to prove the guilt of the accused. It is to be noted that the occurrence is alleged to have taken place on 18-10-1998 at about 8. 30 p. m. near the shelter of one subramanian. It is also a fact that P. W. 1 along with relatives, on information, went to komugi river and retrieved the deadbody of the deceased Sekar, who is the husband of p. W. 1. Even according to the prosecution, they saw certain injuries on the body of the deceased and after following all the rituals, buried the deadbody. Even according to the prosecution, the burial incident took place on 20-10-1998. In fact, P. W. 3 sawthe deadbody of the deceased on 20-10-1998 at about 11. 00 a. m. in Komugi river and informed the same to P. W. 2 resulting in retrieval of the body from the said place, followed by burial of the deadbody. Thereafter, P. W. 1 went to the police station and lodged a complaint about the incident and the same was registered as Ex. P-1, followed by laying of the charge-sheet. The said complaint was given on 21 -10-1998. Ex. P-1 is the complaint and Ex. P-11 is the First Information Report. Even according to the prosecution case, p. W. 6 and P. W. 7 alleged to be the eye-witnesses have informed P. W. 1 about their seeing the incident on 18-10-1998 near subramanian's shelter, which resulted in examination of P. W. 6 and P. W. 7 by the police and thereafter, the arrest of the accused.