MAHADEVAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Criminal Appeal is filed by A1 to A3 against their conviction and sentence for the offences under Sections 341 and 302 IPC made in S.C.No.150 of 2008, on the file of the learned I Additional Sessions Judge (PCR), Thanjavur.

(2.) THE case of the prosecution is as follows:-

(3.) IN the meanwhile P.W.1 went to Thiruneelakudi Police Station and lodged Ex.P1 complaint. The complaint was received by P.W.13, then Sub-Inspector of Police, Thiruneelakudi Police Station and on receipt of the same, he registered Ex.P15, FIR in Thiruneelakudi Police Station Crime No.73/2007 for the for the offences under Section 147, 148, 341 and 302 IPC and sent the same to the concerned Jurisdictional Magistrate Court through Head Constable Thirunavakarasu and sent the copy of the same to P.W.14, then Inspector of Police, Thiruvidaimaruthur Police Station, incharge of Thiruneelakudi Police Station, who received the same at 00.30 a.m., on 10.05/11.05.2007 and commenced his investigation and went to the scene of occurrence along with P.W.9 at 1.00 a.m. and caused M.O.6 photos to be taken and prepared Ex.P.3 Observation Mahazar and Ex.P16 Rough sketch in the presence of P.W.6 Anbalagan and one Amalraj and seized M.O1. Hero Honda, MO.2, Cellphone, M.O.3 Chappel, M.O.4, Bloodstained earth and M.O.5 Sample Earth under Ex.P2, Seizer Mahazar, in the presence of the same witnesses and sent for Panchayatars and witnesses and held inquest upon the dead body between 3 a.m., and 5.30 a.m., and prepared Ex.P17 Inquest Report and obtained statement from the witnesses and thereafter sent the dead body to Thirunvidaimarudhur Government Hospital for Post-mortem through Head Constable Karunakaran and the same was sent along with requisition in writing. The dead body was examined by PW.11, doctor attached to the hospital and he commenced the post-mortem at 12.05 pm., on 11.05.2007 and on completion of post-mortem found on the dead body the nature and number of injuries, as detailed in Ex.P.11, Post-mortem Certificate. P.W.11, doctor was of the opinion that the deceased person would have died of shock and haemorrhage due to injuries caused to the vital organs like brain, neck and blood vessals between 10 to 24 hours prior to post-mortem and accordingly issued Ex.P11 report. The M.O.16, white pant, M.O.17, Banian and M.O.18, Shirt, which were on the dead body were removed by the post-mortem Head Constable and surrendered to P.W.14, who sent the same to the concerned Judicial Magistrate Court under Form 95.