STATE Vs. A.MOHAN

JUDGEMENT

(1.) The State has preferred this appeal under Sec. 378 of the Code of Criminal Procedure 1973 (hereinafter referred to as the 'Code') against the judgement and order of acquittal dtd. 13/2/2019, passed by learned Sessions Judge, Andaman and Nicobar Islands in Sessions Case No. 3 of 2012.

(2.) A brief profile of the prosecution case which leads to this appeal is that, M. Damodharan lodged an FIR before Aberdeen Police Station disclosing that he worked as a canteen manager under K Murugeshan at MV Kalighat. His employer, K. Murugeshan purchased some landed property at Mazar Pahad from one Velu @ A.Mohan. On 29/12/2009, K. Murugeshan had engaged some labourers and Mason for repairing of a boundary wall on the land which he claimed to have purchased from Velu at Mazar Pahad. At about 8:30 A.M. A.Mohan reached the place and asked M.Damodharan to stop the work and call the owner. The defacto complainant informed the matter to Murugeshan over phone who reached Mazar Pahad within a short time. In the meantime, Velu @ Mohan who had left the place, returned by 11:00 A.M. along with another person. After alighting from a scooter, Velu @ A. Mohan started talking with Murugeshan and all of a sudden he picked up a 'sabbal' lying there and inflicted a blow on the head of Damodharan, causing bleeding injury. Mohan then assaulted K. Murugeshan on his head causing bleeding injuries and also assaulted him two to three times on his back and stomach and left the place.

(3.) M. Damodharan suffered simple injury and Murugeshan sustained grievous injuries on his head and abdomen due to assault by Velu who intended to cause death to Murugeshan. The work was stopped and both the injured persons proceeded to the police station. They were then taken for medical treatment at G.B. Pant Hospital and Murugeshan was thereafter shifted to Chennai for further medical investigation.