STATE Vs. MANI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Dharmapuri, dated 19.1.2005 made in S.C.No.74 of 1990, acquitting the respondent/A-1 from the charge of murder. Totally, there were three accused, against whom charges were framed and it is reported that the other two accused died pending trial and hence, the trial proceeded only as against the respondent/A-1.

(2.) FOR the sake of convenience, the other two deceased accused will be referred as per their rank in the charges, i.e., Accused Chinnasamy and Accused Govindan will be referred as A-2 and A-3 and the respondent/accused will be referred to as respondent/A-1. 3.1. The charge against the respondent/A-1, is that he along with A-2 and A-3, due to a dispute regarding partition of a property, on 21.4.1988, at about 8.30 p.m., with an intention to cause the death of the deceased Ramasamy, inflicted injuries on him with a rice pounder and the deceased succumbed to the injuries while he was taken to the hospital, and thereby committed the offence under Section 302 read with 34 IPC. 3.2. The second charge is that during the course of same transaction, the respondent/A-1 and other accused inflicted injuries on P.W.4, when he intervenued and thus, committed an offence punishable under Section 324 read with 34 I.P.C. There are other charges framed, which need not be stated hereunder, as they were framed against other deceased accused. 4.1. The case of the prosecution, as unfurled by the oral and documentary evidence, is stated as hereunder:

(3.) FRACTURE left 4 - 7 ribs.