State Rep.By Insp.Of Police T.N vs Manikandan & Ors

3. Before we proceed further, it is necessary for us to set out the facts very briefly. A-1’s brother Kaliyamurthy was murdered due to previous enmity by Paneerselvam and two others. So Senthil Kumar (A-2) and Manikandan (A-1) who are the sons of Kaliyamurthy, had grudge against the deceased Gopalakrishnan as he had preferred a complaint against them in respect of an incident which took place on 21.10.1992. It was alleged that due to the said motive when Gopalakrishnan along with his wife Vijaya, was proceeding on his bicycle, Murugesan (A-1), Senthil Kumar (A-2), Rajendran (A-4) and Manikandan (A-3) assaulted Gopal @ Gopalakrishnan with Aruval, causing instantaneous death.

4. According to the prosecution, accused Murugesan had assaulted the deceased Gopalakrishnan with Aruval on the right hand, accused Senthil Kumar had assaulted the deceased Gopalakrishnan with Aruval on the left ankle and right thigh, causing grievous injuries, accused Manikandan had assaulted the deceased Gopalakrishnan with Aruval on the right shoulder and accused Rajendran had assaulted the deceased Gopalakrishnan on the right ankle and right thigh. There is no overt act attributed against accused Hari @ Harikrishnan and accused Kathir @ Kathiravan. It is the case of the prosecution that accused Hari @ Harikrishnan and accused Kathir @ Kathiravan were keeping vigil at the place of occurrence while the other accused were committing the crime. A complaint was lodged by wife of the deceased, being Ext.P10 (Ext.P1 in S.C. No.148/1999) before the Village Administrative Officer (PW-3) who in turn preferred a complaint before PW-13 (in S.C. No.148/1999). The Inspector, PW-14(PW-18 in S.C. No.148/1999) took up the investigation, visited the place of occurrence, prepared observation Mahazar and rough sketch and recovered material objects, held inquest, examined the witnesses, recorded their statements and filed the charge- sheet. The learned Judicial Magistrate, Mayiladuthurai took up the case in P.R.C. 4 of 1997 and after furnishing copies under Section 207 Cr.P.C. committed the case to the Court of Sessions for trial under Section 209 Cr.P.C.

5. The Trial Court examined fourteen prosecution witnesses (PWs.1 to 14) and marked Exts. P1 to P21 and M.Os.1 to 13 in S.C. No.39 of 1998. As against accused Manikandan and Hari @ Harikrishnan, the case was split up as S.C. No.148 of 1999 wherein PWs.1 to 18 were examined and Exts. P.1 to 23 and M.Os.1 to 13 were marked. The Trial Court in both the matters held that the prosecution could not prove the charges leveled against the accused and accordingly acquitted all the accused. Hence, appeals were filed by the State before the High Court. The High Court after considering the facts of the case and after appreciating the evidence which was adduced before the Trial Court, came to the conclusion that the prosecution case suffers from defects and held that the learned Sessions Judges have come to definite conclusion that the prosecution has failed to prove the guilt of the accused beyond a reasonable doubt and affirmed the reasoning given by the Additional Sessions Judge and refused to interfere with the said decisions.

appreciate and reconsider the evidence upon which the order of acquittal is founded.

(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.

12. Accordingly, we do not find any reason to interfere with the judgment and order so passed by the High Court. Hence, these appeals are dismissed.

….....….……………………J (Pinaki Chandra Ghose) ….....…..…………………..J (Uday Umesh Lalit) New Delhi;

April 28, 2015.