MANIKANDAN @ MICKEL @ APPU Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed to set aside the judgment of conviction and sentence passed against the appellant in S.C.No.3 of 2017, dtd. 20/8/2019 by the learned District and Sessions Judge, Karaikal.

(2.) The case of the prosecution is that on 23/3/2014, at the instigation of A2 to A5, in furtherance of their common intention, A1 murdered the deceased, who is none other than husband of A2 and uncle of A1. Hence a case in Cr.No.79 of 2014 was registered for the offence under Sec. 302 IPC and after investigation, the respondent police laid charge sheet before the learned Judicial Magistrate No.II, Karaikal, which was taken up in P.R.C.No.05 of 2017. Since the offence charged against the appellant/A1 is exclusively triable by the Court of Session, the learned Judicial Magistrate No.II, Karaikal, committed the case to the learned District and Sessions Judge, Karaikal, which was taken on file in S.C.No.03 of 2017.

(3.) Before the trial Court, in order to prove the charges, prosecution examined 18 witnesses as P.Ws.1 to 18 and marked 20 documents as Exs.P1 to 20 and one Court Document as Ex.C1. 13 material objects were exhibited as M.Os.1 to 13.