SUBRAMANI Vs. STATE

JUDGEMENT

(1.) These two criminal appeals are directed against the judgment of the learned Additional District and Sessions Judge, Vellore, passed in S.C.No.45 of 2010 dated 20.02.2012.

(2.) The accused and victims hail from same village. Vijayarangan ( A-6) wished to marry Vani (PW-5). But she loved Sankar (PW-1) and married him on 21.01.2008. In this connection, there was animosity simmering between the family members. On 23.06.2009 at about 10.30 pm, Sankar (P.W.1) and his brother in law Ranjith while proceeding in the Hero Splendor motorcycle, hit Muthu (A-1) and Rajendiran coming in the bicycle. Soon after this incident, at about 10.45 pm Muthu(A-1) and other accused (A-2 to A-6) came to the house of Malar (PW-2) who is the sister of Vani (PW-5) and started abusing the family members of Margabandu (deceased). Hearing this, Margabandu (deceased) his sons Sankar (PW-1) , Babu (PW-3) and Ganesan (PW-6) came to the spot. They all were indiscriminately attacked by the accused A-1 to A-6 with wooden logs. Margabandu who was admitted in the hospital died on 29.06.2008. The complaint of Sankar (PW-1) was registered by the respondent police on 24.09.2008 in Crime No.227/2008. The complaint of Shanthi (A-5) against Margabandu (deceased), Sankar (PW-1), Ganesan ( PW-6), Babu and Ranjith for assaulting Shanthi (A-5) and Vijayarangan(A-6) was registered in Crime No.228/08 on 25.06.2008. After completion of investigation, the complaint of Shanthi (A-5) was closed as mistake of fact.

(3.) Based on the material records placed by the investigation officer, the trial court framed the following 6 charges against Muthu (A-1), Subramani (A-2), Tilagavathi (A-3), Veeramani (A-4), Shanthi (A-5) and Vijayarangan(A-6).