KASINATHA DURAI Vs. STATE

JUDGEMENT

(1.) The appeal is filed against the judgment of conviction and sentence made in S.C. No. 196 of 2001 on the file of the Third Additional District and Sessions Court, Madurai, against the accused 1 to 10 for various offences as follows;

(2.) The case of the prosecution is that the witnesses Velu, Irulandi and Ammasi since deceased belong to Adi-Diravidar Community and the accused belong to Hindu Maravar Community and there is previous enmity between the witnesses and accused by reason of quarrel on 17.02.2000 at 07.00 to 10.00 a.m. in the course of sports day in the Government Higher Secondary School, at Paramakudi between two groups of students belonging to different community to which the witnesses and the accused belong to and while so, the witnesses Ammasi, Irulandi and Velu had been to Vaigai river bed on the north of Muthaiaya Temple, Kattuparamakudi at 10.15 pm. on the same day for the purpose of drying 'Milagai Palam' and at that time the accused A1 to A10 armed with deadly weapons such as aruval, kambu, iron pipe and cycle chain joined together with an intention to instill fear in the mind of public by instigating caste feeling and by creating law and order problem and they had been to Vaigai river bed, where the victims were present and the first accused shouted at them by calling them by caste name and instigated other accused to attack the witnesses and A1 to A10 attacked all the three witnesses with the deadly weapons in their hands and caused them grievous injuries in different parts of the body leading to instantaneous death of Ammasi, thereby A1 to A10 committed the acts of constituting the offences publishable under Sections 147, 148, 323, 324, 307, 302, 153-A IPC and also under Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, (hereinafter shortly referred to as "SC/ST Act").

(3.) The complaint Ex.P1 given by one of the witnesses by name Velu is taken cognizance by the concerned Police Station and on receipt of the same, Ex.P63, FIR is registered against A1 to A10 for the offences above referred to by the then Inspector of Police by name Alagarsamy and thereafter the same was taken up for investigation by PW14 and PW15, Deputy Superintendent of Police and the investigating officers at the first instance sent PW1, Velu for medical treatment and PW1, Velu on police memo and PW6, Irulandi on his own were examined by PW9, Doctor who on examination of PW1 Velu and PW6 Iruladi issued Exs.P35 & P36, accident registers, containing the details of nature and number of the injuries sustained by the injured and the investigating officer, thereafter reached the scene of occurrence and prepared Ex.P2, observation mahazar and Ex.P38, rough sketch regarding the scene of occurrence and conduced inquest on the dead body of Ammasi in the presence of the witnesses and prepared Ex.P34, inquest report and caused the visra to be sent to chemical examination through the concerned jurisdictional Magistrate Court and obtained Exs.P61 & P62, chemical analysis report and serological report respectively and in the course of further investigation, obtained Exs.P35 & P36, accident registers relating to the injured and Ex.P37, community certificate relating to the accused and arrested the accused on various dates and obtained confessional statements purported to be voluntarily given by the accused, the admissible portions of which are Exs.P24 to P28, P40, P42, P45, P47, P48, P51, P53, P55, P57 and P59 and the signatures obtained in the confessional statements from the witnesses are Exs.P3 to P7, P14 to P18 and on the strength of the admissible portion of the same, M Os.1 to 4, bloodstained earth, ordinary earth, bloodstained shirt and bloodstained dhoti, respectively and deadly weapons M Os.5 to 15 are seized under separate seizure mahazars in the presence of the witnesses who affixed their signatures Exs.P8 to P13, P19 to P23, P29 to P33, P39, P41, P43, P44, P46, P49, P52, P54, P56, P58 & P60 in the same and the accused were remanded to judicial custody and statements from various witnesses were also obtained on various dates and after completion of the investigation, the final report is filed for the offences above referred to.