STATE Vs. NAGARAJAN; MAHALINGAM; BALAKRISHNAN; RAJKUMAR

JUDGEMENT

(1.) The respondents in Criminal Appeal No.267 of 2004 (respondents 1 to 12 in Crl.R.C.No.475 of 2003) are the accused in S.C.No.231 of 2001 on the file of the Additional Sessions Judge, Kanyakumari District at Nagercoil. The trial Court framed as many as five charges against the accused as detailed hereunder: <FRM>JUDGEMENT_286_LAWS(MAD)8_2015.html</FRM>

(2.) 2 x s cm contusion on the right upper eye lid. On opening the head, sub scalpal and intra scalpal contusion seen over right Fronto Temporal region. The skull found fractured from the right side of the frontal bone to the right temporal bone 6 x 1 cm size. Subdural and sub arachnoid hemorrhage seen over right cerebral hemisphere. Laceration of brain over right fronto-temporal region 7 x 2 x 1 cm. He gave opinion that the deceased appeared to have died of shock and hemorrhage due to the above injuries. Ex.P9 is the Postmortem Certificate.

(3.) 4. Continuing the investigation, P.W.16 examined few more witnesses and recovered personal belongings of the deceased found on the dead body. Then on 08.06.2000 at 6.00 a.m., he arrested A1, A2, A3 and A4 at Kanyakumari Gandhi Mandapam in the presence of P.W.7 and another witness. On such arrest, the first accused gave a voluntary confession, in which, he stated that he had hidden the stone behind the Mannaraja Temple. In pursuance of the said confession, he took the police and P.W.7 to the said place and produced the stone. On returning to the police station, P.W.16 forwarded the accused 1 to 4 for judicial remand. On 09.05.2000, he arrested the accused 5 and 11 at Vazhukkamparai Bus stop and forwarded them for judicial remand. He examined the Doctor and collected postmortem certificate. He examined all the relevant witnesses. Then, he handed over the case diary to his successor, namely, P.W.17 for investigation. P.W.17 continued the investigation and finally laid charge sheet against the accused on 22.06.2000.