VELLINGIRI @ PALANISAMY; ESWARI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioners were arrayed as Accused Nos. 4 and 5 in S.C. No. 185 of 2012 on the file of the IV Additional Sessions Judge, Coimbatore. The prosecution came to be launched against accused Nos. 1 to 5 at the instance of the defacto complainant/Bhuvaneswaran, who is an injured eye witness to the occurrence, and consequently, the case in Crime No. 303 of 2012 came to be registered by the respondent police for the offences punishable under Sections 147, 148, 323, 324, 307, 302, 307 r/w. 34, 302 r/w. 34 IPC. After investigation, the respondent police filed charge sheet which was taken on file in S.C. No. 185 of 2012.

(2.) The case of the prosecution is that due to previous enmity on account of cock fight and also on account of the first accused mocking Devi, on 08.04.2012 at about 4.30 p.m., the accused were alleged to have gathered near Ashtakaliamman Temple with weapons. The allegation against accused Nos.1, 4 and 5 is that in a wordy quarrel, they have assaulted the said Devi with hands. All accused were alleged to have assaulted one Yesumani with hands. When the said act was questioned by the defacto complainant/Bhuvaneswaran and Karthikeyan, accused No.2 is alleged to have caused injury to the defacto complainant by using a knife and accused No.3 is alleged to have assaulted him with a stone. Accused No.1 is alleged to have caused injury to Karthikeyan with a knife, which resulted in his death. Hence, the accused are prosecuted.

(3.) Pending S.C. No. 185 of 2012, the petitioners, who are arrayed as Accused Nos. 4 and 5 have filed Crl.M.P. No. 68 of 2012 under Section 227 of Cr.P.C. for discharge. The said petition for discharge was dismissed by order dated 09.01.2013. Aggrieved against the same, the present Criminal Revision Case is filed.