G VIVEKANANDAN Vs. SRIRAMULU

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division bench of the Madras High Court directing acquittal of the accused persons who faced trial for alleged commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC ). Learned Additional Sessions Judge, Virudhunagar had held the respondent accused persons guilty for causing the death of one Gurusamy Naicker (hereinafter referred to as the 'deceased ) on 25.5.1997 while he was sleeping in front of a shop.

(2.) Prosecution version as unfolded during trial is as follows:

(3.) The Doctor had opined that the deceased would appear to have died of shock and haemorrhage and death would have occurred 10 to 18 hours prior to post mortem.On information, the Inspector of Police arrested all the four accused on 26.05.1997 at about 2.00 p.m., at the place called Sevelmedu Otrangadu in the presence of PW9 and PW 12. On arrest, accused 1 and 2 independently gave confessional statements. Ex.P22 is the admissible portion of the confession statement given by A1 while Ex.P.23 is the admissible portion of the confession statement given by A2 Pursuant to the confession statement, A2 took the police party and the witnesses and produced MO 2 aruval from a thorny bush at a place called Otrangadu and the same was recovered under mahazar Ex.P 24. On the same day, at about 6.15 p.m., A-1 produced MO-1 aruval and the same was recovered. Both the mahazars were attested by Village Administrative Officer (PW 9) and Thalayari. The Inspector of Police proceeded with the investigation and examined the witnesses on various dates. The statements of PWs. 1 to 4 were recorded by P.W.10 Judicial Magistrate, Srivivilliputhur and the same are marked as Exs to P2 to P5. The material objects were then sent for chemical analysis. Exs.P.28 and P29 are the chemical analyst s report while Ex.P 30 is the Serologist s report. The Inspector of Police after completing investigation, filed his report on 7.7.1997 under Section 302 read with Section 34 and 109 IPC.