MUTHUSAMY Vs. JAGAN @ JAGANADHAN

JUDGEMENT

(1.) The order of acquittal dated 06.09.2016 passed in Sessions Case No. 25 of 2013 by the Additional District and Sessions Court, Namakkal, are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that the accused 2 and 3 are the friends of the first accused. The deceased Gunasekaran is the son of one Muthusamy. The said Muthusamy, at the time of occurrence, has resided in the field of one Thoppapatiyar. At the time of occurrence, the deceased has resided in a nearby field. The deceased has received money by way of debt from the first accused and as a guarantee, he executed a Power of Attorney Deed. On the strength of it, the first accused has sold land of the deceased to his father by name Ganesan. Due to that, an animosity has been in existence between the deceased and first accused. Father of the deceased has given a complaint against the first accused in Anti-Land Grabbing Special Wing, Namakkal. Further, a civil case has also been instituted in Original Suit No. 74 of 2011. The first accused, with the connivance of accused 2 and 3, has decided to murder the deceased. With the said intention, on 19.05.2012, at about 09.30pm, the second accused has taken the deceased on his motorcycle bearing Registration No. TN28-Q-7194 from Namagiripettai Primary Health Centre. The accused 1 and 3 have followed them by using another motorcycle. The second accused has dropped the deceased near his house. On the next day, at about 01.00 am, while the deceased has been sleeping on a cot, the accused 1 and 3 have attacked the deceased by using deadly weapon. Likewise, the second accused by using a cudgel and thereby caused fatal injuries and due to their over-tacts, he passed away. After occurrence, the father of the deceased by name Muthusamy, has given a complaint and the same has been registered in Cr.No. 400 of 2012. The complaint given by the said Muthusamy has been marked as Ex.P1.

(3.) On receipt of Ex.P1, the Investigating Officer, who is PW15, has taken up investigation, examined connected witnesses and also made arrangements to conduct autopsy on the body of the dead body and accordingly Dr. Gokularamanan (PW13) has conducted postmortem and he found the following external and internal injuries: 1. A cut injury seen on the right side of forehead M, 9cms x 2 cms x Bone Deep. 2. A cut injury seen just below let eyebrow M, 8 cms x 2 cms x bone deep. 3. A cut injury seen below the right side of the lower lip M, 3 cms x 5 cms x 1 cm.