MURUGAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal appeal has been filed assailing the judgment passed by the Additional District and Sessions Court, Srivilliputhur, in S.C.No. 43 of 2014, dtd. 24/3/2023, wherein the appellants were convicted and sentenced as follows:

(2.) The case of the prosecution is that the deceased, who was the son of PW1, and the accused persons are known to each other. During the year 2012, one Muthupandi, who is the younger brother of A1, the deceased, and one Maharaja went to a Murugan temple and the younger brother of A1 fell down and died. A1 presumed that it is only because of the deceased, who pushed down his brother, the incident had taken place. With this motive, the accused persons are said to have conspired and on 11/7/2013, at about 6:30 PM, when the deceased was proceeding in the street, both the accused persons, with deadly weapons, followed him and intercepted him. A2 caught hold of the deceased and A1 assaulted the deceased on his neck with aruval (MO1). Subsequently, A2 also assaulted the deceased with knife (MO2). As a result, the deceased sustained grievous injuries on his neck, left chest and other parts of the body and he died on the spot. PW1, who is the mother of the deceased, gave a complaint (Ex.P1) to PW11 and based on the same, PW11 registered an FIR (Ex.P10) in Crime No.343 of 2013 for offences under Ss. 341, 342 and 302 of IPC at about 19:45 hours.

(3.) PW12 took up the investigation and he went to the scene of crime at about 21:00 hours and prepared the observation mahazar (Ex.P11) and rough sketch (Ex.P12) in the presence of witnesses. He also seized MO7 to MO9 under Athatchi (Ex.P13) in the presence of witnesses. He thereafter proceeded to Sivakasi Government Hospital at about 23:00 hours and conducted the inquest over the dead body of the deceased in the presence of panchayathars and prepared the inquest report (Ex.P15).