RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred to set aside the judgment dtd. 12/9/2011 passed by the Principal Sessions Judge, Cuddalore in Crl. A. No. 87 of 2010, confirming the judgment dtd. 7/7/2010 passed by the Assistant Sessions Judge, Cuddalore in S.C. No. 469 of 2007.

(2.) It is the case of the prosecution that the accused group belong to P.M.K. party and the complainant group belong to A.I.A.D.M.K. party; in the 2007 Assembly elections and in the subsequent Panchayat elections, there was bitter contest between them in Natham village, in which, several cases were registered against the accused group, on account of which, ill feeling between them was rife; on 3/5/2007, around 06.30 a.m., Arumugam (P.W.1) along with his friends, was having tea in the tea shop of one Balaraman; at that time, thirteen persons belonging to the accused party, headed by one Sundari (A9), came there and demanded the complainant group to withdraw the criminal cases filed by them, which was not acceded to; incensed by that, Sundari (A9) exhorted her group men to attack the complainant group and accordingly, a brutal attack took place with lethal weapons by the accused group, resulting in serious injuries to Arunachalam (P.W.1), Balamurugan (P.W.2), Jagadeesan (P.W.3), Kaliyaperumal (P.W.4) and Thirugnanasambandam (P.W.5); the accused group proceeded to the farm of Sivamani (P.W.6), a member of the complainant group and indiscriminately attacked him there; the injured were rushed to the hospital for treatment; the police took up the investigation of the case and filed Final Report in P.R.C. No. 53 of 2007 before the Judicial Magistrate No. I, Cuddalore for the offence under Ss. 147, 148, 341, 324, 326 and 307 r/w 149 IPC against thirteen accused.

(3.) On the appearance of the accused, the provisions of Sec. 207 Cr.P.C. were complied with and the case was committed to the Court of Session in S.C.No.469 of 2007 and was made over to the Assistant Sessions Court, Cuddalore, for trial. The trial Court framed charges under Ss. 147, 148, 341, 324, 326 and 307 r/w 149 IPC against thirteen accused. When questioned, they pleaded 'not guilty'.