A DEVARAJAN Vs. STATE AND ORS

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.310 of 2004 on the file of the learned Additional District and Sessions Judge (Special Court under the Essential Commodities Act) Salem. There were three other accused by name Maveeran @ Venkatachalam, Sundaram and Kannan @ Chinnakannu, who were arrayed as Accused 2 to 4. All the four accused stood charged for offence under Section 302 r/w 34 IPC. In addition, the first accused was charged for offence under Section 3 r/w 25(1-B) (a) of the Indian Arms Act, 1959 and Section 307 IPC. The 4th accused stood charged for offence under Section 5 r/w 25(1)(a) of the Indian Arms Act, 1959. By judgment dated 17.04.2006, the Trial Court acquitted the 4th accused from the said charge, however, convicted A1 to A3 and sentenced them as detailed below: <FRM>JUDGEMENT_270_LAWS(MAD)7_2016.html</FRM>

(2.) The case of the prosecution in brief is as follows:-

(3.) P.W.19 took up the case for investigation. He proceeded to the place of occurrence at 6.30 a.m., and prepared an Observation Mahazar and a Rough Sketch in the presence of P.W.11 and another witness. He recovered blood stained earth, sample earth and few more material objects from the place of occurrence. Then, he conducted inquest on the body of the deceased and forwarded the same for post-mortem.