KOTTAR AND ORS. Vs. THE STATE AND ORS.

JUDGEMENT

(1.) THE appellants in Crl.A(MD) No. 340 of 2013 are the accused 1 to 6 in S.C. No. 60 of 2013, on the file of the learned Second Additional Sessions Judge, Thoothukudi. The respondents 2 and 3 in Crl.A(MD) No. 393 of 2013 are the accused 7 and 8 in the case. These eight accused stood charged for the offence as detailed below:

(2.) THE case of the prosecution, in brief, is as follows:

(3.) OUT of the said witnesses, P.W.1 and P.W.2 are the eye witnesses to the occurrence. They have vividly spoken about the entire occurrence. P.W.3, Dr. Athikumar, has spoken about the postmortem conducted by him and his final opinion regarding cause of death. P.W.4 is the Head Clerk of the Judicial Magistrate's Court, who has stated that he forwarded the material objects to the Forensic Lab for Chemical Examination on the orders of the learned Judicial Magistrate. P.W.5 is the mother of the deceased, who has not stated anything incriminating the accused. P.W.6 is a villager, who has stated that on 07.09.2012, around 03.30 p.m., he saw the accused 2, 3 and 5 together elsewhere. P.W.7 has spoken about the Observation Mahazer and the Rough Sketch prepared and also the recovery of the material objects from the place of occurrence. P.W.8 has stated that on 05.09.2012, he found that the accused 2, 4, 7 and 8 conversing among themselves to do away with the deceased. P.W.9 is the Village Administrative Officer, in whose presence, accused 2, 3 and 5 were arrested on 09.09.2012. He has further stated that on the disclosure statement made by the second accused, three aruvals were recovered. P.W.10 has turned hostile and he has not supported the case of the prosecution in any manner. P.W.11 is the Constable, who carried the First Information Report from the Police Station. According to him, he received the First Information Report from the Sub Inspector of Police at 06.30 p.m. on 07.09.2012 and he straight away went to Sathankulam and since the learned Judicial Magistrate, Sathankulam, was on leave, from there, he went to Kovilpatti and handed over the First Information Report to the Jurisdictional Judicial Magistrate at 02.10 a.m. on 08.09.2012. P.W.12 is yet another Constable, who has stated that he carried the dead body from the place of occurrence to the hospital for postmortem. P.W.13 has spoken about the complaint made by P.W.1 and the case registered on the said complaint. P.W.14 has spoken about the confession said to have been made by the sixth accused and the consequential recovery of aruvals. P.W.15 has spoken about the investigation done and the final report filed.