A.KARTHIK Vs. C.SUBRAMANIAN

JUDGEMENT

(1.) This Criminal Appeal has been filed by the victim against the defacto complainant, aggrieved by the Judgment of the I-Additional District Court (PCR), Thanjavur, made in S.C.No.58 of 2016, dated 03.02.2017, acquitting the accused persons (A1 to A7) from all charges.

(2.) The brief facts of the prosecution case is that the deceased Arunagiri and the accused persons had previous enmity with regard to the property and a civil suit was also pending. On 13.05.2014, at about 2.10 p.m., A1 to A7 and their men are said to have entered into the property and damaged the shed that was put up inside the property by the deceased. This message was conveyed to the deceased and he came along with P.W.1 to P.W.3 and saw the accused persons loading the tiles of the shed in a TATA ACE van (M.O.2). He immediately questioned the accused persons. He was scolded in filthy language and he was attacked with hands by A2 and A3. He was caught hold by A5 and A4 is said to have attacked the deceased with a wooden log in his knees. A1 is said to have given a blow with his hands on the chest of the deceased and the deceased collapsed and fell down and he died thereafter.

(3.) P.W.1 is the son of the deceased and he is said to have given the complaint to the Sub Inspector of Police (P.W.18) on 13.05.2014, at about 6.00 p.m. On receipt of the compliant, P.W.18, registered an FIR in Crime No.105 of 2014, for the offence under Sections 147 , 148 , 341 , 323 , 294(b) , 427 and 302 IPC. The express FIR was sent through the Head Constable (PW.17). The Head Constable had submitted the express FIR before the Judicial Magistrate No.V, Trichy, on 14.05.2014 at 10.00 a.m.