KUMARESAN Vs. STATE, REP. BY THE INSPECTOR OF POLICE, VRIDDHACHALAM POLICE STATION, VRIDDHACHALAM, CUDDALORE DISTRICT (CRIME NO.662 OF 2014)

JUDGEMENT

(1.) The first appellant is the first accused in S.C.No.43 of 2015, on the file of the District Mahila Sessions Court, Cuddalore. There were three other accused by name Krishnan @ Krishnamurthy, Chakravarthy and Poomai @ Balamurugan, who were arrayed as accused 2 to 4 before the lower Court. The trial Court framed as many as seven charges against the accused as detailed below: <FRM>JUDGEMENT_198_LAWS(MAD)1_2017_1.html</FRM>

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

(3.) Based on the above materials, the trail Court framed charges against the accused, as already elaborated. The accused denied the same as false. In order to prove the case, on the side of the prosecution, as many as 13 witnesses were examined, 20 documents were marked, besides 8 material objects. Out of the said witnesses, P.Ws.1 to 4 are injured witnesses to the occurrence. They have vividly spoken about the injuries sustained by them as well as the injuries caused on the deceased. But they have not stated anything about the injuries sustained by the accused. P.W.5, Dr. Geethanjali, has stated that she examined the hyoid bone of the deceased and found that there was no fracture. P.W.6, the Forensic Expert, has stated that he examined the visceral organs of the deceased, which proved that there was no alcohol or poison in the same. P.W.7 has spoken as an eyewitness. He is the brother of P.W.1. He has also stated vividly about the entire occurrence as eyewitness. P.W.8-Dr.Kulothungacholan has spoken about the postmortem conducted and his final opinion regarding the cause of death. P.W.9, the Village Administrative Officer, has spoken about the arrest of the accused 1 and 2, the confession made by the first accused and the consequential recovery of material objects. P.W.10, the Village Administrative Officer, has spoken about the arrest of the third accused, the confession made by him and the consequential recovery of a wooden log from his possession. P.W.11-Dr.Mahendran has stated that he examined P.W.2 at the Government Hospital, Virudhachalam, on 24.10.2014. P.W.2 told the doctor that he was attacked by four known persons with hands and knives and also by wooden logs. On examination, he found the following injuries on him.