POOLUTHEVAR Vs. STATE

JUDGEMENT

(1.) The conviction and sentence passed in Sessions Case No. 278 of 1999 by the Additional Sessions cum Fast Track Court No. I, Tuticorin are now under challenge in the present criminal appeal.

(2.) The epitome of the prosecution case is that the complainant by name Murugan is a resident of Vallanadu and now he is the union chairman of the Karungulam and at the time of occurrence, he served as maestri in M.K.M. Chamber and he knows all the accused. The primary work of the complainant is to get soil from other places to the said chamber. The second accused viz., Maruth Vinayagam has been known to the complainant with regard to selling of soil. On 21.1.1996 at about 8.00 a.m. the complainant has gone to Chennalpatti Village for taking soil through the lorries bearing Registration No. TN-72-9732 and MDD-9732. The second accused is the owner of the Manikandan Rice Mill. Near the said Rice Mill, all the accused with deadly weapons have deterred the said lorries. The complainant has questioned the accused. The accused 1 and 2 have told that the complainant and others should not take soil. The complainant has told them that already an agreement has been entered into with regard to taking of soil. The accused 1 and 2 have directed the accused 3 to 5 to murder the complainant. The third accused by name Viswanathan has attacked on the left heel of the complainant by using an aruval. The fourth accused by name Selva Vinayagam has tried to attack on the head of the complainant, but the said attack has caused injury on his backside. The fifth accused viz., Murugan has attacked on the right upper thigh of the complainant twice. After occurrence, the complainant has been taken to Government Hospital, Palayamkottai and at about 11.00 a.m. one Head Constable has recorded a statement from the complainant and the same has been marked as Exhibit P-1.

(3.) On receipt of Exhibit P-1, complaint, the investigating agency has done investigation and after completing the same, laid a final report on the file of the Judicial Magistrate Court, Srivaikundam and the same has been taken on file in P.R.C. No. 40 of 1996. The case has been committed to the Court of Sessions, Tuticorin Division and subsequently transferred to the file of the trial Court.