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2019 Supreme(Mad) 1663

N.ANAND VENKATESH
Iyyanar @ Thadi Iyyanar – Appellant
Versus
State, Represented by its Deputy Superintendent of Police, Puducherry – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:P. Prince Premkumar, Advocate.
For the Respondents:D. Bharathachakravarthy, Public Prosecutor (Puducherry), M/s. K. Nithyashree, Advocate.

JUDGMENT :

1. The instant case has been filed to quash the charges framed by the Court below against the petitioners for an offence under Section 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities ) Act 1989, in Spl. C.C.No.1 of 2019.

2. The case of the prosecution is that on 14.07.2019, the accused persons formed themselves into an unlawful assembly and hatched a conspiracy to kill the deceased Tamizh alias Elavarasan and at about 19.30 hrs, when the deceased was coming along with his friend Innarasan in a motorcycle, they were waylaid by the accused persons and the deceased Tamizh alias Elavarasan was assaulted indiscriminately with a sickle causing his instantaneous death. Immediately, the complainant viz., Innarasan (LW1) informed the police about the incident and an FIR came to be registered in Crime No.185 of 2018, for an offence under Section 341, 302 of IPC r/w Section 34 of IPC.

3. The investigation was taken up by the Inspector of Police, Villianur Police Station, Puducherry and the FIR was altered for offences under Sections 147, 148, 341, 302,120(b), 212 of IPC r/w Section 149 of IPC. Totally seven accused persons were identified.

4. The investigatio

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