IYAPPAN Vs. STATE

JUDGEMENT

(1.) THE conviction and sentence dated 23.02.2007 passed in Sessions Case No.194 of 2006 by the Additional District and Sessions Court/Fast Track Court No.II, Tirunelveli are being challenged in the present Criminal Appeals.

(2.) THE case of the prosecution is that PW2-Durgadevi and PW3-Nagarajan are the children of the deceased by name Angammal and all of them have lived in Vetrivinayagar Kovil Street, Vannarpettai. On 18.01.2006 at about 10.00 pm., the parents of PWs.2 and 3 have performed pooja so as to drive effect of evil eye and due to that wranglings have happened in between the parents of PWs.2 and 3 and first accused by name Karuppasamy. The complainant (PW1) and senior paternal uncle of PWs.2 and 3 have desisted the parents of PWs.2 and 3 and first accused. On 19.01.2006 the father of PWs.2 and 3 has gone out by using his motor cycle. On the same day, at about 12.30 pm., while the deceased has been standing in front of the house, PW2 has come from school due to her illness. On the same day, PW3 has not attended school due to his illness. At that time all the accused have come to the place of occurrence with deadly weapons and all of them have indiscriminately attacked the deceased and subsequently an ambulance has come from Sakthi hospital and PW1 has taken the deceased to the said hospital and subsequently given the complaint (Ex.P7).

(3.) THE Investigating Officer has taken up investigation, conducted inquest, arrested all the accused, recovered material objects and after completing investigation laid a final report on the file of the Judicial Magistrate No.I, Tirunelveli. The final report has been taken on file in PRC No.11 of 2006. The Judicial Magistrate No.I, Tirunelveli has issued summonses to all the accused and furnished copies of relevant documents under section 207 of the Code of Criminal Procedure, 1973 and after coming to a conclusion that the offences alleged to have been committed by all the accused are triable by Sessions Court, he committed the same to the Principal District and Sessions Court, Tirunelveli and taken on file in Sessions Case No.194 of 2006 and subsequently made over to the trial Court.