VENKATESAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) The convictions and sentences dated 29.4.2008 passed in Sessions Case No.260 of 2004 by the I Additional District and Sessions Court, Krishnagiri are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that on 16.7.2002, at about 6 p.m., in Nayakanurpudur, a dispute has been in existence in between the families of Kumaresan and accused with regard to cutting of a Neem tree and due to that, the first accused has attacked one Kasirajan by using a deadly weapon and thereby caused injuries. During the course of occurrence, the second accused has attacked one Amudha by using a deadly weapon and thereby caused injuries on her person. The third accused has attacked one Manickam by using a deadly weapon and thereby caused fatal injuries and subsequently he passed away. Further, during the course of occurrence, the third accused has also attacked one Tamilselvi. After occurrence, the said Tamilselvi, as defacto complainant, has given a complaint and the same has been registered in Crime No.217 of 2002.

(3.) On receipt of the Complaint, the Investigating Officer, viz., P.W.15, has taken up investigation, examined connected witnesses and after knowing the death of the deceased, viz., Manickam, he changed sections of law and made arrangements to conduct autopsy on the body of the deceased and accordingly, Dr.Sankar (P.W.10) has conducted Post Mortem and he found the following external and internal injuries:-