MARIMUTHU AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C. No. 36 of 2002 on the file of the learned Sessions Judge, Sivagangai. The first accused stood charged for the offences under Ss. 449 and 302 IPC and the second accused stood charged for the offences under Ss. 449, 342, 426 and 302 r/w 34 IPC. By judgment dated 26.12.2002, the trial Court acquitted both the accused. Challenging the same, the father of the deceased viz., PW4 in this case filed a revision before this Court in Crl. R.C. No. 356 of 2003. By order dated 08.09.2004, a learned single Judge of this Court set aside the judgment of acquittal recorded by the trial Court and remanded the case to the trial Court for fresh disposal in accordance with law. While remanding the matter, this Court gave liberty both to the petitioner as well as to the accused to let in additional evidence, if any or to recall any witness, if need be for the purpose of further examination. Neither the prosecution nor the accused let in any further evidence or did they recall any witness for further examination. Having considered the very same materials available on record, the learned Sessions Judge, Sivagangai, by judgment dated 31.10.2012, convicted and sentenced the accused as follows:

(2.) A cut injury 15 cm x 3 cm x 5 cm just (torn) injury No. 1 wound extending from the (Nc) line of the temporal region along the occipital region extends upto the nucal lie laterally.

(3.) A cut injury of size 8 x 6 cm over the right elbow joint, extending from the jaw upto the lateral aspect of right forearm middle. The forearm bones exposed.