SURIYA SEKAR Vs. STATE

JUDGEMENT

(1.) The appellants were tried as accused Nos.1 and 2 in S.C.No.191 of 2013, on the file of the learned Second Additional District and Sessions Court, Thoothukudi. They and two others stood charged of offence punishable under Section 302 r/w 120-B of the Indian Penal Code. By Judgment dated 16.12.2013, the Trial Court has convicted the appellants and sentenced them, as hereunder:-

(2.) Out of six accused, two accused died before the filing of the final report. The accused Nos.3 and 4 have preferred Crl.A.(MD).No.30 of 2014 and have been acquitted under Judgment of this Court dated 15.12.2014. The present appeal is preferred by the appellants 1 and 2/accused Nos.1 and 2. While disposing of Crl.A.(MD).No.30 of 2014, this Court has restricted its findings to the charge of criminal conspiracy levelled against Accused Nos.3 and 4 and found the same unsubstantiated. It is these appellants, namely, the accused Nos.1 and 2 against whom overt acts leading to death have been attributed.

(3.) The case of the prosecution is that due to previous animosity between the accused and the deceased, the accused hatched a conspiracy on 02.06.2010 and in pursuance thereof, waylaid the deceased, when he was on his way out of the DCW Company, where he was working, after finishing his work, on 15.06.2010 at about 04.30 PM. At that time, the accused Nos.1 and 2 and deceased accused, namely, Sathiya have indiscriminately attacked the deceased and due to overtacts committed by them, he died. De facto complainant, by name, Ramakrishnan (PW-13) has given a complaint and the same has been registered by the Sub Inspector of Police (PW-17) in Crime No.233 of 2010. Complaint has been marked as EX-P5.