DEVANESAN Vs. STATE

JUDGEMENT

(1.) The appellants are Accused Nos. 1 to 4 in S.C. No. 288 of 2015, on the file of the VI Additional District Court, Madurai. Being aggrieved by the judgment of conviction for the offence under Sec. 302 read with Sec. 34 of I.P.C. and sentence to undergo life imprisonment, the present appeal is filed.

(2.) The prosecution has put on trial 10 persons in connection with the homicidal death of one Gnanamuthu, occurred on 28/7/2013 at 03.00 p.m., on the Brickline/of one Sundaramoorthy, near Anaikaraipatti-Chinnavandari Road. The trial Court framed charge against A1 to A10 for the offence under Sec. 120-B read with Sec. 302 of I.P.C., for conspiracy to murder Gnanamuthu; A5, A6, A8, A9 and A10 for the offence under Sec. 302 read with Sec. 109 of I.P.C., for abetting A1 to A4 to murder Gnanamuthu; and A1 to A4 for the offence under Sec. 302 read with 34 of I.P.C., for common intention to murder Gnanamuthu and in furtherance of the common intention for committing murder of Gnanamuthu.

(3.) The trial Court on re-appreciation of evidence relied by the prosecution, disbelieved the theory of conspiracy and abetment, acquitted A5 to A10. However, from the ocular evidence of the eyewitnesses and other circumstantial evidence coupled with the recovery of material objects from the scene of crime as well as based on the confession statement of the accused persons, leading to recovery of weapon used for the crime, the trial Court held that the prosecution has proved A1 to A4 had common intention to murder Gnanamuthu and in furtherance of the said common intention, on 28/7/2013 while Gnanamuthu was proceeding to Anaikaraipatti in his unregistered TVS Star City two wheeler [M.O. 1] along with his relative Eswari [P.W. 5], A1 and A2 followed him in a two wheeler bearing Registration No. TN-58-AZ-1730. Along with them, A3 and A4 followed Gnanamuthu in another two wheeler bearing Registration No. TN-58-AY-3711. A2, who was riding the two wheeler, hit Gnanamuthu. When Gnanamuthu and the pillion rider Eswari fell down, before Gnanamuthu could recover from the fall, A1 to A4 attacked him with Bill Hook [Aruval] over his head, neck, shoulder, legs and hand and caused his instant death.