MANIMARAN ALIAS AUTO MANI Vs. STATE

JUDGEMENT

(1.) THE appeals are directed against the judgment passed by the Additional Sessions Judge-cum-Fast Track Court-I Judge, Chennai, dated 29.07.2005, in S.C. No: 188 of 2005 by A.1 and A.2 in Crl.A.No.118 of 2007 and by A.3 to A.5 in Crl.A.No.758 of 2006 respectively. By the said judgment, A.1 to A.5 were convicted and sentenced as follows:-

(2.) THE case of the prosecution is that, on 31.01.2005 at about 4.30 p.m., A.1 to A.5 along with yet another juvenile accused namely Vasu, with an intention to murder one Nazar @ Mani, on the motive of previous enmity, near the thorny bush behind the Perambur Railway station bridge and near the culvert, had unlawfully assembled and in pursuance of the said common intention, when A.3 and A.4 had held the legs of Nazar; A.5 and the juvenile accused Vasu held the hands of Nazar A.2 had caught the head with the hairs of Nazar and A.1 with the use of the new blade had cut the neck of Nazar and all the accused had thus caused the death of Nazar. When the witness Velu had been found at the scene of occurrence, the accused had threatened him with the dire consequences by showing the blade to him and thereby caused criminal intimidation against the said witness.

(3.) P.W.2 is an eye witness in this case. He deposed in his evidence that on 31.01.2005 at about 4.30 p.m., when he was proceeding to meet his friend near Perambur Carriage, due to stomach pain, he went to the thorny bush to answer the calls of nature. He saw the accused along with Juvenile accused by name Vasu and the deceased Nazar near the thorny bush and he was shocked to see that A.1 to A.5 and the juvenile accused were indulging in killing the deceased Nazar. He further deposed that during the course of occurrence, A.3 and A.4 caught hold the legs of the deceased; A.5 and the juvenile accused were holding the hands of the deceased and further, A.2 had caught hold of the hair of the deceased and A.1, with the new blade, had cut the neck of Nazar as if he is cutting the neck of a goat. He also deposed that he was very much shocked after seeing the occurrence and was suffering from illness for three days. He saw the report in the News Paper and only thereafter, he immediately approached the Police and informed about the occurrence.