THANGAVEL Vs. STATE

JUDGEMENT

(1.) Challenge in this criminal appeal is to the convictions and sentences dated 20th December 2006 passed in Sessions Case No.163 of 2006 by the Principal District and Sessions Court, Salem.

(2.) The schema of the case of the prosecution is that the first accused is the brother-in-law of one Padmini. The deceased by name Ponnusamy has had illicit intimacy with her. On 05-08-2005, the accused Nos.1 and 2 have questioned the said Ponnusamy with regard to his illicit intimacy with Padmini and due to that, a tussle has arisen and with an intention to murder the said Ponnusamy, the first accused has attacked the deceased Ponnusamy by using a whinger and due to his overt acts, he passed away. During the course of occurrence, the first accused has also caused injuries to the witnesses by name Chinnaraj and Padmini. Further the second accused has lent his support to the first accused. After occurrence, one of the witnesses by name Chinnaraj has given a complaint and the same has been registered in Crime No.351 of 2005. The complaint alleged to have been given by the said Chinnaraj has been marked as Ex-P1.

(3.) On receipt of Ex-P1, the Investigating Officer viz.,P.W.13 has taken up investigation, examined connected witnesses and also made arrangements to conduct autopsy on the body of the deceased and accordingly, the concerned Doctor, P.W.9 has conducted post-mortem and issued post-mortem certificate. The Investigating Officer after completing investigation has laid a final report on the file of the District Munsif cum Judicial Magistrate Court, Omalur and the same has been taken on file in PRC No.5 of 2005.