- (1.) The above appeals were filed against the judgment dated 14/02/2003 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 315 and 539 of 1999 filed by A-1 Ravi and A-2 Pakkaraji. The appellant herein was the appellant in Criminal Appeal No. 315 before the High Court and was A-1 before the Court of Additional Sessions Judge, Pondicherry. The learned Sessions Judge acquitted A-2 of the offence under Section 302 I.P.C. The State also has not filed any appeal against the said acquittal of A-2 of the offence of murder.
(2.) The following charges were made against the accused: The Inspector of Police, Villianur Circle, Pondicherry has laid a charge- sheet against the accused alleging that on 6.3.1996 at about 12.30 hrs. the accused A-1 (Ravi), A-2 (Raja @ Pukkaraji) and four others alleging that they formed themselves into an unlawful assembly, armed with deadly weapons with a common object of such assembly, viz., to cause the death of one Shanmugam due to previous enmity and in furtherance of common object of such assembly, trespassed into the house of Adhikesavan, the brother of the deceased Shanmugam and caused bleeding injuries to Shanmugam by assaulting him with deadly weapons, all the accused chased him and forcibly took him in an auto rickshaw to maidan near Pavanar Nagar, Reddiarpalayam, Pondicherry beat him with deadly weapons left him with bleeding injuries and the deceased Shanmugam subsequently died in the General Hospital, Pondicherry and thus the accused had committed the offence of murder of Shanmugam and thus committed offences punishable under Sections 148, 149, 448/149, 364/149 and 302/149.
(3.) On behalf of the prosecution, PW-1 to PW-11 were examined and Exs. P1 to 22 and MOs. 1 to 3 were marked.;