SAPPANI Vs. STATE

JUDGEMENT

(1.) All these appeals are filed by the accused persons who have been convicted for offences under Ss. 302 of IPC read with Ss. 34, 396 and 120(b) of IPC. There were 8 accused involved in S.C.No.27 of 2007 in which, the charge against the accused persons was that they murdered one Subramanian, Sub Inspector of Police, on the fateful day. A2 and A8 died pending trial and A7 was acquitted of all the charges. The other accused persons namely, A1 and A3 to A6 have come up with the appeals. There was another incident of attack on a Head Constable Mr.Bose that has preceded the attack on the Sub Inspector of Police on the same day, for which, a case was registered in Crime No.53/2006 which was later converted to Sessions Case No.28 of 2007. The accused therein were charged for the offences under Ss. 307, 392 read with 395 and 397 of IPC. The accused in S.C.No.28/2007 are the same persons as in S.C.No.27 of 2007. Here also, A2 and A8 died pending trial and A7 was acquitted of all the charges. All other accused were punished with imprisonment for a period of 7 years. While A1, A3 and A6 have come up with the appeals, A4 and A5 have undergone the sentence.

(2.) In S.C.No.27/2007, a complaint was lodged by PW1 Mr.Bose who is the injured Head Constable in the other case namely, S.C.No. 28/2007. According to him, while he was returning to the police station by around 07.00 p.m., on 28/4/2006, he was waylaid by the accused persons near Nanthicheri bus stop and was attacked by them. They tied him up with a lungi and took his motorcycle away. They also took away some of his valuables. After sometime, he managed to escape and walked up to the village. Upon reaching the village, he had informed one Neelamegam-PW22 and Parameswaran-PW16. They, in turn, informed PW2-Sub Inspector of Police-Malar of the attack. She assembled Constables and went to Nanthicheri bus stop, there, they found the Sub Inspector Subramanian lying with injuries. Both the injured persons were taken in an Auto to the Government Hospital, Kamuthi and from there, Bose was shifted to Meenakshi Mission Hospital, Madurai. The Sub Inspector Subramanian was taken to Government Rajaji Hospital, Madurai, where he was declared dead on arrival. Therefore, the accused persons were charged under Sec. 302 read with Ss. 34, 396 and 120(b) of IPC. Upon receipt of a complaint, an FIR was registered. Though the FIR was originally registered under Ss. 147, 148, 341, 342 read with Sec. 379 of IPC, upon the death of the Sub Inspector of Police Subramanian, the same was altered to Sec. 302 IPC. Upon registration of the FIR, the same was dispatched to the Court and the Circle Inspector of Parthibanur visited the scene of occurrence at 01.30 a.m., on 29/4/2006 and prepared the Observation Mahazar in the presence of the witnesses. He had also enquired the deceased Subramanian at 22.10 hours on 28/4/2006 and had recorded his statement. The same has been marked as Ex.P45. He had also spoken about informing the higher-ups and summoning the finger print expert. Since the Head Constable Mr.Bose was also injured on the same day at almost the same time, another case was registered in Crime No.53/2006 and an FIR was lodged charging the accused persons under Ss. 147, 148, 341, 342 and 379 IPC. The said case was also taken up for investigation. Subsequently, the accused persons were arrested and it is claimed that they had also given extra judicial confessions admitting guilt. After investigation and after collecting the evidence, including the evidence of the finger print expert and other material objects, some of which were seized upon the confessions of the accused, a final report was laid in both the cases charging the accused as aforesaid.

(3.) In its attempt to bring home the guilt in S.C.No.27/2007, the prosecution had examined PWs 1 to 56 and Exs.P1 to P70 were marked. Material Objects Mos.1 to MO28 were exhibited. In S.C.No.28/2007, PWs 1 to 43 were examined and Exs.P1 to P37 were marked. MOs.1 to 30 were exhibited. The accused persons did not let in any evidence.