MURUGAN @ BALAMURUGAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant/accused in S.C. 226 of 2003 on the file of learned District and Sessions Judge, Nagapattinam, questioning the correctness of judgment of conviction and sentence dated 8.1.2004 rendered in the above said sessions case, has preferred the above appeal.

(2.) The accused Murugan @ Balamurugan, along with other accused Natarajan, Suresh, Murali, Ravisankar and Mariappan, due to previous enmity with the deceased Ramasamy Thevar, in execution of the criminal conspiracy that took place on 15.10.1999 at 8.00 p.m. among Natarajan, Suresh and Mariappan at Ravisankar's lathe shop, on 16.10.1999 at 7.00 a.m. when the deceased Ramasamy Thevar was entering Sri Rajagopalasami Perumal temple, Sri Thirinenthira Thajapujaveera Anjeneyar Temple at Ananthamangalam, attacked him with aruval, with the intention to murder and caused his instantaneous death and thereby committed the offence punishable under Section 302 IPC.

(3.) The accused Murugan @ Balamurugan was originally arrayed as 4th accused in S.C. No. 293 of 2002 and since he remained absconded, the trial Judge split up the case against him and numbered it as S.C. No. 226 of 2003. Of the other accused, the accused Mariappan was reported dead. The remaining accused Natarajan, Suresh, Murali and Ravisankar were tried in S.C. No. 293 of 2002 and of them, the accused Natarajan, Suresh and Murali were convicted by the trial Judge, by judgment of even date, against which they have preferred appeals in Crl.A. Nos. 266 of 2004 and 46 of 2005, which are also disposed of by us today by a separate judgment. The other accused Ravisankar was acquitted by the trial Court.