STATE AND ORS. Vs. SUYAMBULINGAM AND ORS.

JUDGEMENT

(1.) THE order of acquittal dated 21.04.2010 passed in Sessions Case No. 222 of 2006 by the District and Sessions Court, Kanyakumari Division at Nagercoil is being challenged in the present Criminal Appeal and also in Criminal Revision Case.

(2.) THE crux of the case of the prosecution is that the second accused by name Stella Baby @ Baby is the wife of the deceased by name Joseph Justine @ Rabin. The second accused has had illicit intimacy with the first accused. Since the deceased has created obstruction to illicit relationship of both accused, both of them have decided to slay him and in pursuance of their conspiracy, on 06.04.2005 at about 20.30 hours, while the deceased has been in his house, the first accused has taken him in his auto and at the instigation of the second accused, murdered him and subsequently screened the dead body of the deceased. After occurrence the de facto complainant by name Samuvel, father of the deceased has lodged a complaint to the Sub Inspector of Police (PW22) and the same has been registered in Crime No. 93 of 2006 as man missing case. The complaint alleged to have been given by the de facto complainant has been marked as Ex.P1.

(3.) THE Judicial Magistrate Court, No. II, Nagercoil after considering the fact that the offences alleged to have been committed by both the accused are triable by Sessions Court, committed the case to the Court of Sessions, Kanyakumari Division and the same has been taken on file in Sessions Case No. 222 of 2006.