ANTONY Vs. STATE

JUDGEMENT

(1.) The Appellant / P.W.3, who is the father of the deceased, has filed this Criminal Appeal against the judgment of the learned Sessions Judge, Kanyakumari District at Nagercoil made in S.C.No.58 of 2008 dated 02.05.2017, by which all the accused persons, who are Respondents 2 to 6 herein, were acquitted from all charges.

(2.) The allegations leading to filing of an FIR in this case, as put forth by the prosecution are that on 12.08.2007, a complaint (Ex.P.1) was preferred by the brother (P.W.1) of the deceased, stating that the accused persons 1 to 5 attacked him, his father / the appellant herein, his brother and sister in connection with a dispute regarding letting out sewage water in the lane, thereby abutting the house of one Rabel / father-in-law of the complainant. It was further alleged that Al and A2 are brothers, A3 and A5 are sons of A1 and A4 is the son-in-law of A1 and they all attacked the complainant and his relatives with iron pipe by using unparliamentary words, as a result of which, they all sustained severe injuries and his deceased brother succumbed to death in the hospital. On the basis of the complaint lodged by the complainant / P.W.1, a case in Crime No.288 of 2007 (Ex.P.21) initially came to be registered against the accused persons for offences under Sections 294(b), 341, 323, 324 and 307 IPC and after the death of the deceased, the case was altered to Sections 294(b), 341, 323 and 302 IPC by way of an Alteration Report (Ex.P.25).

(3.) After a detailed investigation by the Inspector of Police (P.W.17) , a charge sheet was laid before the Judicial Magistrate No.I, Nagercoil in P.R.C.No.1 of 2008 and was subsequently, committed to the Court of Sessions as per Section 209 Cr.P.C. for trial. Upon consideration of the records, the Trial Court had framed the following charges against the accused persons: