Crl.A.(MD).No.317 of 2018

Bail Slip

The Appellant Accused Bala Murugan was directed to be released

on Bail as per order of this Court dated 01/08/2018 in Crl.MP(MD)No.

5569 of 2018 in Crl.A(MD)No.317 of 2018 on the file of this Court.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN

and

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

Crl.A.(MD).No.317 of 2018

Bala Murugan ... Appellant /Accused No.1

-vs-

State through

the Inspector of Police,

Oomatchikulam Police Station,

Oomatchikulam,

Madurai District

in Crime No.327 of 2021.

... Respondent

PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C., to

call for the entire records connected to the judgment in S.C.No.87

of 2014, on the file of V Additional Sessions Judge, Madurai, dated

09.03.2015 and set aside the conviction and sentence imposed against

the appellant.

For Appellant : Mr.R.Alagumani

For Respondent : Mr.A.Thiruvadikumar

Standing counsel for the State

J U D G M E N T

(Judgment of the Court was delivered by V.BHARATHIDASAN, J.)

Totally there are eight accused in this case and the appellant

is the first accused in S.C.No.87 of 2014, on the file of V

Additional Sessions Court, Madurai and they stood charged, which

reads as follows:

Charge No.

Rank of the accused

Charge under Section

1.

A1 to A8

147 IPC

2.

A1 to A8

148 IPC

3.

A2, A4 and A6

341 IPC

A8

341 IPC (2 counts)

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Crl.A.(MD).No.317 of 2018

4.

A1 and A2

302 IPC

5.

A1 to A8

506(ii) IPC

2. By judgment dated 09.03.2015, the trial Court has convicted

all the accused and sentenced them as follows:-

Rank of

the

accused

Convicte

d under

Section

Sentence

Imposed

Fine

Default

Sentence

A1 to

A8

147I.P.C

Rs.1000/

-(each)

3 Months

S.I.

A1 to A8 148I.P.C

Rs.1000/

- (each)

3 Months

S.I.

A2, A4,

A5 & A6

341I.P.C

Rs.300/-

(each)

2 Weeks

S.I.

A8

2341(ii)

I.P.C.

(2

counts)

Rs.300/-

(each)

2 Weeks

S.I.

A1 to A8 506(ii)

I.P.C.

Rs.1000/

-

(each)

3 Months

S.I.

A1 & A2

302I.P.C

.

Life

Imprisonment

Rs.5000/

-

(each)

6 Months

R.I.

A1 & A8

302 r/w.

149I.P.C

.

Life

Imprisonment

Rs.5000/

-

(each)

6 Months

R.I.

3. Challenging the said conviction and sentence, Accused Nos.3,

5 to 8, have separately filed Crl.A.(MD)No.94 of 2015 and a Division

Bench of this Court, by judgment dated 10.08.2015, allowed the

appeal and acquitted the accused. That apart, the Division Bench

has also extended the benefit of acquittal to A4 also, who has not

filed any appeal. For A2, even though he was convicted by the trial

Court, subsequently, on a Habeas Corpus Petition filed by him

claiming that he was a minor at the time of occurrence and he was

wrongly convicted by the Sessions Court, this Court set aside the

conviction and sentence imposed on A2. A1, the remaining accused is

before this Court with this appeal.

4. This is the case of double murder. The case of the

prosecution in brief is as follows:

The first deceased Manikandavelan (hereinafter referred to as

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Crl.A.(MD).No.317 of 2018

“D1”) is the son of P.W.1 and the second deceased Viswanathan

(hereinafter referred to as “D2”) is the husband of P.W.4. P.Ws.1

and 2, were running a tea stall, at Thirupalai Main Road, Madurai.

D2 was running a laundry shop near to the D1's tea shop. On

18.04.2011, D1's tea shop was closed, due to some festival at

Madurai. At about 3.00 p.m., P.W.1 received a phone call from a

water supplier to deliver drinking water cans to the shop. So,

P.W.1 sent the D1 to open the shop and receive the water cans. At

that time, all the eight accused sitting in front of the D1's shop

and indulged in eve-teasing, that was questioned by D1. At that

time, there was a quarrel and all the accused attacked D1.

Thereafter, D1 returned home, all the accused followed D1 up to his

house and crim