THANGAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals are directed against the judgment dtd. 15/11/2022 made in S.C.No.36 of 2018 on the file of the Additional District and Sessions Judge, Dindigul.

(2.) By the impugned judgment, accused Nos.1 to 8 were convicted for the offences under Ss. 302 r/w.149 and 148 IPC and sentenced to life imprisonment and levied with fine of Rs.10,000.00 each. Accused Nos.9 and 10 were acquitted. A4 Thangam @ Mathalaimuthu filed Crl.A.(MD)No.137 of 2023. Questioning the acquittal of accused Nos.9 and 10, P.W.2 filed Crl.A.(MD)No.138 of 2023. A5 to A8 have filed Crl.A.(MD)No.212 of 2023. A1 to A3 have filed Crl.A.(MD)No.217 of 2023.

(3.) The case of the prosecution is as follows:- Gnanaprakasam @ Podari was the husband of A10 Pappathi. He was heading one faction of loadmen at Dhadikombu. The deceased Sebasthiyan was heading the rival faction. Gnanaprakasam was murdered in the year 2006. Sebasthiyan (deceased herein) was awarded life sentence by the trial Court. He was acquitted by the appellate Court. Since the family of Gnanaprakasam wanted to take revenge, Sebasthiyan avoided regularly staying in his native village, namely Muthazhagupatti. He used to come home once in 15 days. On 4/5/2014 Sebasthiyan came to the village. He was murdered between 5.00 a.m. and 5.30 a.m. (ie.) on 5/5/2014 in West Street near Sandhiyagappar Church. Sebasthiyan was accompanied by his wife(P.W.1). Upon hearing the scream of P.W.1, P.W.2 and another family member rushed to the spot. P.W.1 lodged Ex.P.1 complaint at 7.00 a.m. before the Dindigul Town South police station. P.W.2 signed in Ex.P.1 complaint. Crime No.198 of 2014 was registered for the offences under Ss. 147, 148 ,341, 302 and 109 IPC. As many as 10 persons were named in the FIR. P.W.10 was working as Inspector of Police. He went to the spot at around 7.45 a.m. He conducted inquest. Ex.P.9 is the inquest report. He also prepared rough sketch as well as observation mahazar. He examined the witnesses. He collected bloodstained earth sample and other articles from the spot. Postmortem was conducted on 5/5/2014 at 1.00 pm. by P.W.7. Ex.P.5 is the postmortem certificate. Based on A2's disclosure statement Ex.P.13, M.O.10 Aruval was seized under recovery mahazar Ex.P.14. A1, A5, A6, and A7 were arrested on 10/5/2014. The fourth accused surrendered on 6/5/2014. The tenth accused was arrested on 14/5/2014. The ninth accused surrendered on 8/9/2014. A2, A3 and A8 were arrested on 5/5/2014 in the presence of P.W.4 and P.W.5. Likewise confession statements were obtained from all the accused. Based on the disclosure statement of the other accused, weapons used for committing the crime were recovered under mahazars. After obtaining forensic reports and examining the medical witnesses, P.W.11 who continued the investigation filed the final report before the Judicial Magistrate No.III, Dindigul. It was taken on file as P.R.C.No.15 of 2014. The case was committed to the file of the Principal Sessions Judge, Dindigul and made over to the Additional District and Sessions Judge, Dindigul in S.C.No.36 of 2018. Charges were framed against the accused under Ss. 302 r/w. 149 and 148 IPC. As against accused Nos.9 and 10, charges were also framed under Sec. 302 r/w. 109 IPC. The prosecution examined P.W.1 to P.W.11. Ex.P.1 to Ex.P.31 were marked. M.O.1 to M.O.20 were marked. On the side of the accused, no evidence was adduced. The trial Court after considering the evidence on record, vide judgment dtd. 15/11/2022 acquitted accused Nos.9 and 10 and convicted and sentenced the remaining accused as mentioned above. Aggrieved by the same, these criminal appeals have been filed.