State through the Inspector of Police vs Laly @ Manikandan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1054

M. R. SHAH, KRISHNA MURARI
State through the Inspector of Police – Appellant
Versus
Laly @ Manikandan – Respondent

Advocates appeared:
For the Appellant(s) : Dr. Joseph Aristotle S., AoR. Ms. Nupur Sharma, Adv. Mr. Shobhit Dwivedi, Adv. Mr. Sanjeev Kumar Mahara, Adv. Ms. Vaidehi Rastogi, Adv.
For the Respondent(s): Mr. Rao Ranjit, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.06.2018 passed by the High Court of Judicature at Madras, at Madurai in Criminal Appeal Nos. 270/2017 and 362/2017, by which the High Court has allowed the said appeals by acquitting the respondents-accused for the offences punishable under Sections 302 and 302 r/w 34 IPC, the State has preferred the present appeals.

2. That the respondents herein-original accused were tried for the aforesaid offences for having killed/committed the murder of deceased Saravanan. It was the prosecution case that owing to animosity between the friend of the accused viz. Selvakumar and one Periyavan @ Murugan, there was a murder of Selvakumar on 31.07.2013. Suspecting that the deceased Saravanan had informed the whereabouts of Selvakumar, the accused, on a two-wheeler armed with weapons obstructed the car in which the deceased, PW-1 and one another were travelling and dashed the car and broke the wind screen of the car with aruvals. A1 caused the injury on the right shoulder of the deceased. The deceased Saravanan tried to run away, however, the accused chased him and thereafter all the accused ca