EDWARD Vs. INSPECTOR OF POLICE, AANDIMADAM POLICE STATION

JUDGEMENT

(1.) These appeals have been filed by accused persons against the judgment and order dated 16.3.2006 passed by the Madras High Court in Criminal Appeal No.1540 of 2002 by which the High Court has dismissed the appeal filed by the appellants. The facts of the case as narrated by the prosecution are briefly stated as under:

(2.) The deceased Michaelraj and the accused persons were residents of the same Village in Taluk Udayarapalayam in District Perambalur. There was a land dispute between Michaelraj and the accused persons on account of which there was enmity between them. Originally, the grandmother of the deceased Michaelraj executed a settlement deed in favor of Michaelraj which was subsequently cancelled. Thereafter, a portion of the property was executed in favor of the appellant. Despite the settlement deed, the appellant claimed that his possession of property was disturbed by the deceased and his relatives. Therefore, the appellant filed a suit against the deceased and his relatives. The appellant further claimed that even though interim orders were passed in the suit, Michaelraj and his relatives did not allow the appellant to enjoy his possession of the property.

(3.) On 10.12.1997 at around 7:30 p.m., when Michaelraj along with his friend John Paul was returning from the house of his father-in-law, the appellant and other accused persons attacked him with deadly weapons. This occurrence was witnessed by John Paul (PW-1) and Anthoni Raj (PW-3). The deceased sustained injuries and was taken to the hospital in a serious condition. In the meantime, PW-1 went to the Police Station and filed an FIR to PW-11. Subsequently, a case was registered under Sections 147, 148, 341, 324 and 307 of the Indian Penal Code ("IPC"). On 14.12.1997, Michaelraj died at the hospital and thereafter the inspector of police (PW- 12) altered the case into one under Section 302 of the IPC. PW-12 filed an application seeking police custody from the Court. On police custody, he obtained confession from the appellant, which led to the recovery of weapons, which were sent for chemical examination. Thereafter, PW-14 took up the matter from PW-12 and investigated the case further and filed a charge-sheet for offence under Section 302 of the IPC.