KRISHAN ALIAS KRISHNAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE appeals arise from the Judgment in S. C. No. 12/2003 on the file of the Ist Additional Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore. A1 to A4 are the appellants in C. A. No. 679/2003 and A5 to A7 are the appellants in C. A. No. 772/2003. There are totally eight accused in this case. A8 was acquitted from all the charges by the lower Court.

(2.) THE short facts of the prosecution case relevant for deciding these Appeals are as follows:-A1 to A8 are friends of P. W. 5/chendrakumar. P. W. 2/ramasamy and deceased/lakshmanan are twins. According to the prosecution, on 5. 7. 2001, P. W. 5/chandrakumar was made fun by P. W. 2/ramaswamy, which resulted in P. W. 5 assaulting P. W. 2 and on the same day P. W. 2 and his twin brother Lakshmanan and their friend Karthick assaulted P. W. 5/chandrakumar, who was admitted in CMC Hospital, Coimbatore. Subsequent to the said incident, on the following day i. e on 6. 7. 2001 at about 9. 15 p. m. , while deceased/lakshmanan and his twin brother/ramasamy and their friends P. W. 1/ramkumar were going on their cycle at Subramaniya Palayam Road near ladies hostel, A1 to A8 formed themselves into an unlawful assembly and in the course of the same transaction, A1 and A2 armed with Veecharuval and A3 and A4 armed with casurina stick in pursuance of their common object wrongfully restrained Lakshmanan and his brother Ramaswamy, and A1 cut Ramaswamy/p. W. 2 with Veecharuval on the right side of the head, shoulder and left inner forearm and right leg and left and right thigh causing grievous injuries. A2 inflicted injuries by cutting Lakshmanan on the right and left side of the head and right fore head. A3 assaulted with casurina stick on the head of Lakhmanan and his right chin and right neck. A5 to A7 dragged the injured Lakshmanan and put him into a ditch near the scene of occurrence.

(3.) P. W. 15-INSPECTOR of Police has registered a case in Cr. No. 464/2001 under Section 147, 148, 307 and 302 IPC on the basis of the complaint made by P. W. 1/ramkumar. Ex. P. 24 is the First Information Report. P. W. 15 took up the investigation and visited the place of occurrence, prepared observation mahazar, rough sketch-Ex. P. 25, conducted inquest, arrested the accused, recorded their confession statements and on the basis of the confession statement recovered the material objects, examined the witnesses and recorded their statements and after completing the investigation filed the charge sheet. The charge sheet was taken on file by the learned Judicial Magistrate No. I, Coimbatore, as PRC. No. 24/2001 and after furnishing copies under Section 207 of Cr. P. C. to the accused, the learned Judicial Magistrate had committed the case for trial to the Court of Sessions under Section 209 of Cr. P. C. After framing charges, questions were put to the accused, to which, the accused totally denied the charges levelled against them.