PARAMASIVAM Vs. STATE

JUDGEMENT

(1.) APPEAL under Section 374(2) of the Code of Criminal Procedure against the Judgment dated 21.3.2007 made in S.C.No.189/2005 on the file of Addl. Sessions Judge, Fast Track Court No.II, Coimbatore.) This appeal arises out of Judgment in S.C.No.189/2005 convicting A1 to A3 U/s.364 IPC and A1 U/s.302 IPC and A2 and A3 U/s.302 r/w 34 IPC and sentencing them to undergo 3 years RI for the proved charge of abduction and imposing life imprisonment for the proved charge of murder and also imposing fine. A4 to A7 were acquitted of the charges levelled against them.

(2.) THE case of prosecution in a nutshell are as follows:-Deceased Mani @ Parai Mani took lease of the land in S.F.No,427/1 of Vadapudur village belonging to PW3-Krishnasamy and PW6-Ramasamy. A6-Nagarathinam was the neighbouring land owner and sister-in-law of PWs.3 and 6. Since A1-Paramasivam and A6-Nagarathinam threatened the deceased not to break the stone, deceased Mani @ Parai Mani filed suit O.S.No,5/2004 before DMC, Pollachi for Permanent Injunction restraining A6 and PWs.3 and 6 from interfering with quarrying. THEre was animosity between the deceased and the family of A6-Nagarathinam.

(3.) ON 19.1.2004, PW23-Pugazhenthi [Railway Key Man], Thirupur saw the dead body on the railway track and informed PW20-Ramachandran [Station Master] who in turn informed the Out-post Police Station, Thirupur. PW24-Sankaralingam [Head Constable] received the report and registered the case for 'suspicious death' in Cr. No.12/2004 U/s.174 Cr.P.C. PW24-Head Constable went to the scene of occurrence and found the dead body of a male on the railway track. PW24-Head Constable had prepared Ex.P15-Observation Mahazar and Ex.P16-Rough Plan. PW24-Head Constable had also held Inquest on the body of the deceased and Ex.P18 is the Inquest Report. PW24-Head Constable sent the dead body for autopsy to Government Hospital, Thirupur. ON the request of PW24-Head Constable, PW27-Nizar Ahemad had taken photographs [MO18 series] of the body lying on the railway track.