MURUGAN ALIAS BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) (Criminal Appeals filed under Section 374 of the Code of Criminal Procedure against the judgment of the learned District and Sessions Judge, Nagapattinam dated 8.1.2004 in Sessions Case No.226 of 2003.) P.D. Dinakaran, J. The appellant/accused in S.C.226 of 2003 on the file of learned District and Sessions Judge, Nagapattinam, questioning the correctness of judgment of conviction and sentence dated 8.1.2004 rendered in the above said sessions case, has preferred the above appeal.

(2.) THE accused Murugan @ Balamurugan, along with other accused Natarajan, Suresh, Murali, Ravisankar and Mariappan, due to previous enmity with the deceased Ramasamy THEvar, in execution of the criminal conspiracy that took place on 15.10.1999 at 8.00 p.m. among Natarajan, Suresh and Mariappan at Ravisankar's lathe shop, on 16.10.1999 at 7.00 a.m. when the deceased Ramasamy THEvar was entering Sri Rajagopalasami Perumal temple, Sri Thirinenthira Thajapujaveera Anjeneyar Temple at Ananthamangalam, attacked him with aruval, with the intention to murder and caused his instantaneous death and thereby committed the offence punishable under section 302 IPC.

(3.) AN incised wound over the left side of chest, 5 cm. below the left clavicle size 3 cm x 2 cm muscle depth.