S. ANNATHAI Vs. MARIMUTHU

JUDGEMENT

(1.) The Criminal Appeal under Sec. 372 of Cr.P.C., is filed by one Annathai, W/o Swaminathan, the de-facto complainant, being aggrieved by the judgement of acquittal rendered by the III Additional Sessions Judge at Tirunelveli, in S.C.No:735 of 2016, dtd. 5/4/2021.

(2.) The case of the prosecution is that due to personal enmity between two groups in the Dhandhanuthu Village, Tirunelveli District, Swaminathan, the husband of the de-facto complainant was done to death by the members of the other group. The de facto complainant set the law into motion through her complaint/Ex.P-1. The said complaint dtd. 25/9/2019 received at 17:30 hours registered as Cr.No.297 of 2015 under Sec. 147, 148, 120 B and 302IPC by Thalaiyuthu Police Station.

(3.) The sum and substance of the complaint is that, the husband of the de-facto complainant viz., Swaminathan was supervising about 100 acres of farm land owned by Sahib Meeran in that village. Out of which, in 25 acres he had fenced and rearing cattles. The deceased under his leadership conducted festivals of Mariamman Temple, Kaliamman Temple and Sudali Temple in the year 2014. At that time, he did not collect contribution from the members of the group led by NCC Maadaaamy, son of Subbaiah and Katta Mari @ Marimuthu, son of Chelliah.