ARJUNAN ALIAS AUTO ARJUNAN Vs. STATE

JUDGEMENT

(1.) ALL the seven accused, who suffered a judgment of conviction at the hands of the Additional Sessions Judge (Fast Track Court IV), Coimbatore in S.C.No.99 of 2004 are the appellants herein.

(2.) THE charge is that on 31.5.2003, at about 8.30 pm, all the seven accused committed rioting armed with lethal weapons and with the intention to cause death of Sivaraj and Kumar alias Selvakumar, attacked them with lethal weapons and caused their death and thereby committed offences punishable under sections 147, 148, 302 read with 149 IPC (2 counts).

(3.) SHANTHI, PW1, is the wife, Sampath, PW2, is the brother and Shanthamani, PW3, is the mother of the deceased Sivaraj. All of them have spoken to the effect that PW1 received communication from an anonymous source over phone at about 8.30 pm on 1.6.2003 about the murder of the husband of PW1 and one Kumar. Thulasiammal, PW4, is the mother of the deceased Kumar. She, having received information about the death of her son Kumar at about 12.00 noon on the said day, went to the scene of occurrence. On 1.6.2003, at about 3.30 pm, SHANTHI, PW1 went to Tirupur Rural Police Station and gave statement Ex.P1 to the Sub Inspector of Police, G.Murugesan, PW16. He registered a case in Crime No.290 of 2003 under section 302 IPC. He prepared the printed FIR, Ex.P23 and despatched the same to the learned Judicial Magistrate II, Tirupur. Mr.Easwaramurthy, PW17, Inspector of Police attached to the said police station received a copy of the printed FIR at about 3.45 pm on 1.6.2003 and proceeded to the scene of occurrence and prepared observation mahazar, Ex.P2 in the presence of Elango, PW5. He also drew rough sketch, Ex.P24 reflecting the scene of occurrence. He engaged the photographer to take photographs M.O.23 series. He held inquest on the dead body of Sivaraj and Kumar in the presence of the panchayatdars between 5.00 pm and 7.30 pm and prepared inquest reports, Ex.P25 and P26. He recovered the TVS moped, M.O.6 parked by the side of the dead body, the blood stained earth M.O.1, sample earth, M.O.2, blood stains on the moped handles, M.O.3, blood stains on the saree guard of the moped, M.O.4 and nylon bag, M.O.5 under relevant seizure mahazar in the presence of PW5.