ANDIYAPPAN Vs. STATE

JUDGEMENT

(1.) A1, A2, A4 and A5 tried along with four more accused in S.C.No. 121 of 2005 on the file of the Additional Court of Sessions, Erode for the various offences, are before this Court challenging their conviction as here under:

(2.) AT about 5.00 p.m. on 22.1.2005 - the prosecution case is all the eight accused forming themselves into members of an unlawful assembly (A1 and A2 armed with deadly weapons) wrongfully restrained Palanisamy - since deceased and thereafter A1 to A6 fatally attacked the said Palanisamy resulting in his death, while A7 and A8 were members of the said unlawful assembly when the offence was committed. It is also the prosecution case that in the course of the same transaction, A2, A7 and A8 caused simple hurt to P.W.1 while A4 and A5 caused simple hurt to P.W.2 and therefore the charges as referred to above. The prosecution examined in all P.Ws. 1 to 13 besides marking Exs. P.1 to P.22 and M.Os. 1 to 19 to prove their case. The defence neither let in any oral nor documentary evidence.

(3.) P.W.11 is the Sub-Inspector of Police in the investigating police station before whom at 9.00 p.m. on the occurrence day evening, P.W.1 appeared and narrated the complaint which he reduced into writing in which after reading it over to her, he obtained her thumb impression, That statement has been registered as Ex.P.1 in his police station crime No. 23 of 2005 under Sections 147, 148, 341, 323 and 302 I.P.C. Ex.P.15 is the printed first information report. P.W.11 sent the express records to the Court as well as to the higher officials. He also sent P.W.1 and P.W.2 with police medical memos to the Government Hospital at Bhavani for treatment, P.W.13 is the investigating Officer. At 9.45 p.m. on 22.1.2005, he received message over wireless about the crime and reached the crime scene after 10.00 p.m. on that day, where he found P.W.11 and the police constables already there. He collected the copies of the express records at the spot. As it was completely dark in and around the spot. P.W.13 could not commence his investigation immediately. Therefore, leaving two police constable at the spot to secure the place, P.W.13 reached the Government Hospital at Bhavani by about 11.30 p.m. on that night and by examining P.Ws. 1 and 2 recorded their statements. He directed P.W.11 to look out for the accused. At 6.00 a.m. on 23.1.2005, P.W. 13 in the presence of P.W.5 and another prepared Ex.P.2 the observation mahazar for the place where the dead body was found lying and prepared Ex.P.20, the rough sketch for the said place. At about 7.00 a.m. in the morning in the presence of the same witnesses, he recovered M.O.s 7, 8 and 9 under Ex.P.3 form the place where the dead body was found lying. At 7.45 a.m. on that morning, he prepared Ex.P.4, the observation mahazar for the place where the bicycle of Palanisamy was found. Ex.P.21 is the rough sketch for that place. He recovered M.O.10. M.O.11, M.O.12, M.O.13 and M.O.14 under Ex.P.5 attested by the same witnesses at about 8.15 a.m. from that sport. Through P.W.7, he caused the places to be photographed where the dead body and cycle were lying. P.W.7 is the photographer who accordingly photographed the two places referred to above. M.O.s 15 series and 16 series are the photographs and negatives. P.W.5 witnessed the preparation of Ex.P2, the observation mahazar; recovery of M.Os. 7 to 9 under Ex.P.3; preparation of Ex.P.4, the observation mahazar and recovery of M.Os. 10 to 14 under Ex.P 5 as already spoken to by P.W.13. P.W.13 conducted inquest over the dead body on 23.1.2005 from 8.45 a.m. till 11.15 a.m. in the presence of panchayatdharas and witnesses and prepared Ex.P.22, the inquest report. Then through P.W.10 he sent the dead body with requisition as Ex. P.12 for conducting post-mortem to the Government Hospital. P.W.10 accordingly accompanied the dead body with the requisition to the hospital for post-mortem. After post-mortem, he removed M.Os. 17 to 19 from the dead body and handed over the same to the investigating officer with his special report Ex.P.14. P.W.9 is the duty doctor in the Government Hospital at Bhavani, who on receipt of the requisition and the dead body commenced post-mortem on the dead body at 12.15 p.m. on 23.1.2005. During post-mortem he found various symptoms as noted by him in Ex.P.13 the post-mortem report. The symptoms noted therein are as here under : ? Injuries :