MUTHUPANDI Vs. KALIMUTHU

JUDGEMENT

(1.) These Criminal Appeals are filed to set aside the judgment of conviction and sentence passed in S.C.No.166 of 2012, dtd. 22/1/2019, on the file of the Additional District and Sessions Court, Virudhunagar and to acquit the appellants/accused from the charges levelled against them.

(2.) The case of the prosecution in nutshell is that, on 6/3/2012 at 6.00 p.m. when one Moorthy (the deceased) was walking near Balavanatham, Therkupatti Irrukankudi Vilakku, Muthupandi (A-1) and Kalimuthu (A-2) [the appellant in Crl.A.(MD)No.66 of 2019 and the appellant in Crl.A.(MD)No.113 of 2019, respectively] stopped him and demanded money to buy Brandy. They abused Moorthy in filthy language and picked quarrel with him. When Moorthy refused to give money, Kalimuthu (A-2) pushed him down and instigated Muthupandi (A-1) to throw stone and kill Moorthy. Accordingly, Muthupandi lifted a stone weighing about 9.850 K.Gms. lying nearby and put it on the deceased. When Selvam (P.W.1), the son of the deceased came to rescue his father, Kalimuthu caught hold of him. After ensuring that Moorthy lost his breath, A-2 left the scene of crime. A-1, who got injury in the melee, got himself admitted in the hospital.

(3.) Being aggrieved, the appeals are filed by the accused on the ground that the trial Court failed to note the improbability of the prosecution version in respect of P.W.1's presence at the scene of crime during the occurrence. The contradictions about the time of admission of the deceased first in Virudhunagar Government Hospital and later, in Madurai Rajaji Hospital. There was inordinate delay in forwarding the F.I.R. (Ex.P.1 and Ex.P.14) to the learned Judicial Magistrate, giving scope for falsification. The Accident Register entries (Ex.P.11) belie the version of the prosecution about the presence of P.W.1 at Virudhunagar Government Hospital. The trial Court has failed to consider the entries made in the Accident Register, which clearly say the injured was brought to the Hospital by the Police party. The prosecution failed to produce the Accident Register of A-1, who got injuries in the melee and admitted in Virudhunagar Government Hospital. The time of arrest of A-2 and the time of alteration of F.I.R. will go to show that the alleged confession of A-2 and recovery of M.O.2 is a farce.