STATE AND OTHERS Vs. KALIYAPERUMAL AND OTHERS

JUDGEMENT

(1.) Criminal Appeal and Criminal Revision have been filed against the judgment of acquittal passed by learned Sessions Judge, Thiruvarur, in S.C.No.12 of 2008 on 30.04.2009.

(2.) Prosecution case is that first accused and father of deceased business partners over a period of 10 years. From 2002 they had separate businesses. Owing to business dispute the son of first accused was done to death and a case was pending in S.C.No.43 of 2005 on the learned Sessions Judge, Nagapattinam. In retaliation and acting in conspiracy, accused caused the death of deceased and injuries to others in an occurrence that took place on 30.06.2005 at about 21.15 hours. A case was registered in Crime No.437 of 2005 on the file of the Inspector of Police, District Crime Branch, Thiruvarur District, Mannarkudi Police Station. Upon completion of investigation, a charge sheet was filed informing commission of offences under section 148 IPC against A2 to A23, 324 IPC against A2, 324 r/w 149 IPC against A3 to A23, 307 IPC against A2, A4, A7 to A9, A12 to A16, 307 r/w 149 IPC against A3, A5, A6, A10, A11, A17 to A23, 302 r/w 34 IPC against A2 to A11 and A16 and 302 r/w 149 IPC against A12 to A15 and A17 to A23 before learned Judicial Magistrate I, Mannargudi. On committal, the case was tried in S.C.No.12 of 2008 on the file of learned Sessions Judge, Thiruvarur.

(3.) Before trial Court, prosecution examined 35 witnesses, marked 80 exhibits and 49 material objects. None were examined on behalf of defence and 2 exhibits were marked. On appreciation of materials before it, trial Court, under judgment dated 30.04.2009, rendered a finding of acquittal. Against such finding the present appeal and revision have been filed.