SIDHIK ALI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellants (A1 to A4) were tried for the offences under Sections 341 and 302 read with 34 I. P. C. Ultimately, the trial Court acquitted the accused in respect of the first charge and convicted them for the offence under Section 302 read with 34 I. P. C. Challenging the same, this appeal has been filed.

(2.) THE brief facts leading to the conviction could be summarised as follows : " (a) THE deceased Ameer alias Kottai Ameer was the district level Organizer of a minority wing of the Coimbatore District Janatha Dal party. He was also a member of the Coimbatore District Peace Committee. He indulged himself in the activities of creating peace among Hindu and Muslim communities. THE activities led to estranged feeling within his community. This further aggravated among the minds of the Muslims. When the deceased went to Koniamman Temple , he receivedtemple Mariyatha and thilak was put on his forehead inside the temple. In the meantime, one Basha was arrested. He is the father of Sidhik Ali, the first accused. THE deceased appealed to the muslims to keep themselves away from violence and to maintain peace and order in the society. Getting infuriated over the activities of the deceased, the muslim fundamentalists used to threaten the deceased through phone calls with dire consequences. (b) In the above fact situation, the occurrence had taken place on the morning of 18. 3. 1994 when the deceased Kottai Ameer went for walking which was his daily routine practice. When the deceased was walking near Thirukudumba Kalyana Mandapam, the accused 1 to 4 surrounded him and stabbed him indiscriminately with knives. On receipt of the injuries, the deceased fell down unconsciously. (c) P. W. 2 Guru and P. W. 3 Anthony, who were proceeding from Kempatti Colony towards Town Hall witnessed this occurrence. On seeing the occurrence, they got down from their cycles and chased the accused. But, the accused managed to escape from P. Ws. 2 and 3. P. W. 10 also witnessed the four persons running in the road leading to Ukkadam. (d) P. W. 6 Koya, friend of the deceased, on coming to know that someone was attacked in the scene, he came to the scene of occurrence and found his friend Ameer @ Kottai Ameer lying down in a pool of blood. On noticing that the deceased was unconscious, he proceeded to the house of the deceased and conveyed the news to P. W. 1 Shajahan, son of the deceased. (e) Immediately thereupon, P. W. 1 and P. W. 6 went to the scene of occurrence and engaged an auto driven by P. W. 11 and took victim to k. G. Hospital, Coimbatore. P. Ws. 2 and 3, who chased the accused, came back to the scene and heard that the deceased was taken by some persons in the auto-rickshaw. (f) P. W. 7 Dr. Abdul Muthalif attached to K. G. Hospital, examined the victim and found that the victim was already dead. It was at about 7. 00 a. m. THEn, the dead body of the deceased was sent for post-mortem to the government Hospital through the Hospital Ambulance. (g) P. W. 8 Dr. S. Natarajan, attached to Coimbatore Medical college Hospital issued Ex. P7, copy of the Accident Register. He sent the death intimation Ex. P8 to the Out Post Police Station. (h) P. W. 1 thereupon rushed to B1 Police Station at about 7. 45 a. m. and gave Ex. P1 complaint to P. W. 16 Inspector of Police. THE case was registered in Crime No. 608 of 1994 for the offences under Sections 341 and 302 i. P. C. THE printed F. I. R. Ex. P20 and Ex. P1 were sent to the Judicial Magistrate and the copies were sent to the superior police officers. (i) THEn, P. W. 16, the Inspector of Police took up investigation and went to the scene of occurrence and prepared observation mahazar and drew rough sketch. He recovered M. O. 5 bloodstained Tar, M. O. 6 ordinary Tar, M. O. 7 series bloodstained optical glass pieces and M. O. 8 rubber footwear 1 pair. (j) THEreafter, P. W. 16 went to the hospital and conducted inquest over the body of the deceased in the presence of Panchayatdars. P. Ws. 2 and 3, the eye witnesses were also present there. After inquest, P. W. 16 prepared Inquest Report Ex. P22. THEn, the body was sent for post-mortem with requisition. (k) P. W. 9 Dr. A. Natarajan conducted the post-mortem at 12. 15 p. m. on 18. 3. 1994. He found as many as 23 injuries on the body of the deceased. He issued Ex. P10 Post-mortem Certificate giving the opinion that the deceased would appear to have died of shock and haemorrhage as a result of multiple stab injuries. (l) On 25. 3. 1994, P. W. 3 Anthony came and met P. W. 16 and informed him that out of four accused, he was able to remember the name of one of the accused. Accordingly, the statement was obtained from him. He implicated a4 who is said to be known to him. He has given his name as Mohamed Shafi. (m) In pursuance of the said information, A4 was traced. On 10. 4. 1994, P. W. 16 arrested A4 and in pursuance of his confession, P. W. 16 recovered M. Os. 2, 3 and 4, bloodstained knives and M. O. 9 bloodstained white shirt. THEn, he sent A4 to the Court for judicial custody. (n) On 13. 4. 1994, the accused 1 to 3 surrendered before the Chief Judicial Magistrate, Madurai. (o) On 18. 4. 1994, P. W. 16 sent a requisition to the Chief judicial Magistrate, Coimbatore, to conduct test identification parade. On the same day, he gave a requisition for police custody. Accordingly, the police custody was granted. (p) THEn, the identification parade was conducted by p. W. 4 Judicial Magistrate No. 1, Coimbatore on 19. 4. 1994 in the Central Prison, coimbatore, after complying with all the formalities. P. W. 2 identified A1 and a3 and P. W. 3 identified A1 to A4. Ex. P4 is the Test Identification Parade proceedings. (q) THEreafter, P. W. 16 continued the investigation and examined all the other witnesses. During the course of police custody, nothing was recovered from A1 to A3. In the meantime, the material objects were sent for chemical analysis. (r) After completion of the investigation, P. W. 17, the successive Inspector of Police filed the charge sheet against all the accused for the offences under Sections 341 and 302 I. P. C. (s) During the course of trial, on behalf of the prosecution, P. Ws. 1 to 17 were examined, Exs. P1 to P25 were filed and M. Os. 1 to 12 were marked. (t) When the accused were questioned with reference to the incriminating materials against them, they simply denied their complicity in the crime in question. However, no evidence was adduced on the side of defence. (u) Having analysed the entire materials available on record, the trial Court concluded that the prosecution has established its case beyond reasonable doubt and found all the accused guilty of the offence under section 302 r/w 34 I. P. C. and sentenced them thereunder. Challenging the same, this appeal has been filed. &quot

(3.) BOTH the counsel for the parties as well as the Public prosecutor would cite number of authorities to substantiate their respective pleas.