LAKSHMANAN Vs. STATE

JUDGEMENT

(1.) The convictions and sentences dated 11.11.2013 passed in Sessions Case No. 164 of 2010 by the First Additional District and Sessions Court, Madurai are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that the parents of the de facto complainant prior to twenty years have purchased a house plot from one Kaliappan in Jawahar Nagar, Tirumangalam. In the said plot, they constructed a building in a small portion. The remaining portion has been used as its appurtenance. The accused has encroached a portion of vacant place and thereby deterred sewage water and due to that a problem has arisen between de facto complainant and accused. Further another problem has been existence between the de facto complainant and accused with regard to construction of houses in Mampatti @ Vengadasamuthiram village. On 26.03.2009, the concerned surveyor and his assistant have measured the disputed properties. At the time of measurement, the deceased namely Pandeeswari and Pitchaiammal have scolded the accused by using filthy words. Having enraged at their conduct, with intention to murder them on 29.03.2009 at about 03.45 p.m. the accused has murdered them inside the Vengadasamuthiram tank. After occurrence the de facto complainant by name Vinodkumar, who is none other than the husband of one of the deceased has given a complaint and the same has been registered in Crime No. 201 of 2009.

(3.) On receipt of the complaint, the Investigating Officer has taken up investigation, examined connected witnesses and also made arrangements for conducting autopsy on the bodies of the deceased and accordingly Dr. Kannan (P.W.18) has conducted postmortem on the bodies of the deceased and he found the following external and internal injuries on the body of deceased Pandeeswari: