KOSAL Vs. STATE AND

JUDGEMENT

(1.) In respect of a transaction that took place on 1-5-1986 at about 6.30 a.m., at the coconut tope situate at Thirumoolanagar, belonging to one Thyagarajan, one Dhasan was done to death, giving rise to the registration of a case in Crime No. 77/86 on the file of Anjugramam Police Station for the alleged offences under Ss. 147, 148, 323, 324, 326 and 302 read with S. 109, IPC and culminating, on investigation, in the filing of a final report under S. 173(2), Cri. P.C. against the following eight accused, namely, Kosal (accused 1), Mannar alias Rajamannar (accused 2), Durai alias Rajagopal (accused 3), Thiraviyam (accused 4), Kannan (accused 5), Bhaskar (accused 6), Ayyakutti alias Kurus Mariyan (accused 7) and Thomas (accused 8) before the Judicial Second Class Magistrate, Nagercoil (Taluk) for the alleged offences under Ss. 147, 148 and 302 read with S. 149, IPC.

(2.) The final report so filed had been taken as PRC No. 24 of 1986, as against the adult accused (accused 1 to 4 and 6 to 8) and P.R.C. No. 37 of 1986, as against the juvenile accused (accused 5) on the file of the said learned Magistrate's Court. All the accused were committed to Court of Session, Kanniyakumari Division at Nagercoil.

(3.) After committal, the case against the adult accused, namely, accused 1 to 4 and 6 to 8 was taken on file as S.C. No. 88 of 1986 arraying them as accused 1 to 7, while the case against the juvenile accused namely accused 5 was taken on file as S.C. No. 89 of 1986.