SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the convictions and sentences passed in Sessions Case No. 134 of 2013 by the Mahila Court, Pudukkottai.

(2.) THE schema of the case of the prosecution is that the de facto complainant by name Chandrika and accused are residing in Vamban Colony, Pudukkottai. The second accused is the son of first accused. Prior to three months from the date of occurrence, a tussle has arisen in between the accused and one Yoganathan. At that time, the son of de facto complainant by name Shanmugabharathi has attacked the second accused, which culminated loading of a police complaint and due to that an animosity has been in existence between the families of the de facto complainant and accused. Under the said circumstances both the accused have conspired together to murder the husband as well as son of the de facto complainant. In pursuance of their conspiracy, on 26.09.2013 at about 10.00 a.m., the accused 1 and 2 have come to the house of the de facto complainant and openly declared that they would murder both the husband as well as son of the de facto complainant and on 29.09.2013 at about 08.00 p.m., while the de facto complainant and her husband by name Samy Ayya watching Television, both the accused have trespassed into the house of the de facto complainant and attacked on the head of the said Samy Ayya by using cudgels and during the course of occurrence, the first accused has also attacked the de facto complainant and immediately after occurrence, the husband of the de facto complainant (injured) has been admitted in Government Hospital, Pudukkottai where he passed away. The de facto complainant has given a statement to the Sub Inspector of Police (P.W. 14) and the same has been registered in Crime No. 399 of 2013. The statement alleged to have been given by the de facto complainant has been marked as Ex. P.1. On receipt of Ex. P.1, the Investigating Officer viz., P.W. 15 has taken up investigation, examined connected witnesses, made arrangements for conducting necropsy and P.W. 11, Dr. Palanisamy has conducted autopsy and he found the following external and internal injuries on the body of the deceased:

(3.) The Judicial Magistrate, Pudukkottai after perusing the relevant records has come to a conclusion that the offences alleged to have been committed by the accused are triable by Sessions Court, has committed the case to the Court of Sessions and taken on file in Sessions Case No. 134 of 2013 and subsequently transferred to the trial Court.