BALU ALIAS BALUSAMY A BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the Judgment from the Additional Sessions Division, Namakkal made in S.C.No.115 of 2005 dated 18.07.2006 whereby the appellant/second accused along with A1 Mariappan and another 2 accused viz., Cholan, Sivan @ Sivam stood charged under Section 302 read with 34 I.P.C. for having entered into the house of the complainant Kumarasamy, Son of Thirumalai Gounder with the knife and Koduval while he was sleeping with his family on 11/12.01.1992 at about 01.00 a.m. at Valkadu Pallipatti, 67, Goundanpalayam and dragged the complainant's father-in-law, Muthusamy outside and committed his murder by stabbing him with the said weapons and thereby committed the offence under Section 302 read with 34 I.P.C.

(2.) FURTHER, in the course of the same transaction,the first accused Mariappan with a big stone broke open the complainant's door and entered into the house and stolen 22 - sovereigns of jewels and a sum of Rs.11,000/- in cash and also committed robbery of properties valued about Rs.80,000/- besides causing injury to the complainant's right eyebrow, near left eye and the complainant's daughter Kalaiselvi has also been inflicted with a stab injury on her right shoulder and thereby committed the offence under Section 394 read with 397 I.P.C.