C LINGASAMY Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE appellants are accused 1, 2, 3 and 5 in Sessions Case No.55 of 1999 and they were tried before the II Additional Sessions Judge, Salem along with one R. Kuppuraj, who was arrayed as the fourth accused in he said Sessions Case. In this judgment the appellants and R. Kuppuraj, who was arrayed as the fourth accused, will be referred to as accused 1 to 5, in the same order as they were arrayed before the Sessions Judge, for the sake for convenience.

(2.) CHARGE No.1 was framed against accused 1, 2 and 5 under Section 302 read with 34 of the Indian Penal Code. The allegation in the said charge is that they shared the common intention of each other to cause the death of Stephen @ Ravi, the deceased in this case, and in furtherance of the said common intention accused 2 and 5 held Stephen and that the first accused beat him with a wooden stick (Lathi), as a result of which the said Stephen died on the same day, i.e., on 21.06.1995 at 06.15 pm. CHARGE No.2 was framed against accused 3 and 4 under Section 302 read with 149 of the Indian Penal Code on an allegation that they shared the common object of accused 1, 2 and 5 in causing the death of Stephen. CHARGE No.3 was framed against accused 1 to 5 under Section 201 of the Indian Penal Code on an allegation that with a view to screen the offence, the deceased was taken to the hospital. (In CHARGE No.1 the learned Sessions Judge did not mention the time and date of occurrence and in charge No.3, he did not mention the nature of the act committed by accused 1 to 5, which will attract an offence under Section 201 of the Indian Penal Code).

(3.) P.W.11, the Inspector of Police, attached to Namakkal Police Station during the relevant period, took up investigation in the two crimes, visited the scenes of occurrence and suspected the involvement of the deceased Stephen and Ashok Kumar, who is examined as P.W.10 in this case. On an information that Stephen and Ashok Kumar were staying in the house of P.W.3, Mrs. Margarette, the aunt of Stephen, P.W.11 went there, but he could not find them there. He instructed the neighbours of P.W.3 and other members in the locality to inform the police authorities, if there is any movement of the suspect accused, namely Stephen and Ashok Kumar and he returned to the police station. Thereafter, he directed the first accused, who was then the Sub Inspector of Police, Namakkal Police Station, to take steps to apprehend the two suspect accused, namely, Stephen, the deceased and Ashok Kumar, P.W.10,