STATE Vs. BALAMURUGAN @ BALU; SANGILIPANDI; DURAI @ CHINNADURAIPANDIAN

JUDGEMENT

(1.) The respondents in Crl.A(MD)No.57 of 2007 are the accused in S.C.No.305 of 2005, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Tuticorin. They stood charged for the offences under Sections 148, 341, 302 read with 149 and 506(ii) I.P.C. By Judgment, dated 29.08.2006, the Trial Court acquitted all the accused from all the charges. Challenging the same, the State has come up with Crl.A(MD)No.57 of 2007. Challenging the said acquittal, the de facto complainant has come up with Crl.R.C(MD)No.892 of 2006. Since both these matters arise out of one and the same Judgment, we have heard them together and dispose of the same, by means of this Common Judgment.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Thereafter, on the same day (27.02.2005) at about 10.30 p.m., according to P.W.1, P.W.1 and P.W.2 had gone to the bazaar in the said village to have dinner. After dinner by about 11.00 p.m., they were returning. At that time, the deceased Mr.Murugan @ Sangili Murugan came from their behind in a motor cycle, overtook them and proceeded further. Suddenly all these six accused emerged on the road at that time. There was enough light from the street light at that time. All the six accused were armed with aruvals and they restrained the deceased from proceeding further. At that time, the accused questioned him as to how he could afford to fail to insist upon P.W.5 to pay Rs.2,000/-. The first accused scolded the deceased in filthy language. The deceased told P.W.2 that soon he would demand the balance of amount from P.W.5 and give the same. So saying, the deceased turned the vehicle back. Suddenly, the first accused shouted that they should not leave the deceased alive. The first accused attacked the deceased with aruval on his neck and shoulder. The second accused cut him with aruval again on the neck, chest and palm. The third accused cut him on the right side of the chest. The fourth accused cut him on the right side of the chest and on the back side of the neck. The fifth accused attacked him on the left side of the chest and on the abdomen. Lastly, the sixth accused attacked the deceased with aruval on the stomach and back side of the head. The entire occurrence was witnessed by P.W.1 and P.W.2. The deceased succumbed to the injuries instantaneously.