MANI @ MANIRATHINAM Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.303 of 2013 is the 1st Accused, the appellants in Crl.A.No.282 of 2013 are the Accused Nos.2 and 3, the appellant in Crl.A.No.195 of 2013 is the 4th Accused and the appellant in Crl.A.No.508 of 2014 is the 5th Accused in S.C.No.136 of 2010 on the file of the learned III Additional Sessions Judge, Chennai. A1 to A3 stood charged for offences under Sections 148 and 302 of Penal Code and A4 and A5 stood charged for offences under Sec. 147, 342, 302 r/w 149 of IPC. The trial court, by judgement 22.08.2012, convicted A1 to A5 under the charges framed against each of them and accordingly sentenced them as detailed below:- <IMG>JUDGEMENT_266_LAWS(MAD)6_2016.jpg</IMG>

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Murugan. He was involved in a murder case and was convicted. He had served twelve years of imprisonment in prison. Two years before the occurrence, he was released. He had all bad habits, like drinking and ganja consuming, etc. Two months prior to the occurrence, there was a wordy quarrel between the mother of A1 and the deceased. In the said quarrel, the deceased had attacked the mother of A1. This is stated to be the motive for the occurrence.

(3.) Based on the above materials, the trial court framed charges against A1 to A5 as detailed in the first paragraph of this judgement. The accused denied the same. In order to prove the case, on the side of the prosecution, as many as 13 witnesses were examined, 34 documents and 13 material objects were marked.