GANESAN Vs. STATE

JUDGEMENT

(1.) Challenge in this criminal appeal is to the convictions and sentences passed in Sessions Case No. 48 of 2014, by the Mahalir Neethi Mandram (Mahalir Fast Track Court), Erode.

(2.) The epitome of the case of the prosecution is that on 26.11.2012, at about 5.00 p.m., to 6.00 p.m., the accused 1 to 4, on the back side of Kondaiyampalayam Community Hall, have made a conspiracy to murder Andavar @ Chennimalai and his wife Kannayal @ Nallammal, who resided in a palm house. In pursuance of the said conspiracy, on the same day, at about 8.00 p.m., all the accused have trespassed into the house of the deceased. The first accused has attacked both the deceased by using a whinger and due to his overt acts, they passed away. The first accused has robbed gold jewels and other material objects. After occurrence, one Anand (P.W.1) has given a complaint in Bangalapudur Police Station and the same has been registered in Crime No. 439 of 2012. The complaint alleged to have been given by P.W.1 has been marked as Ex.P1.

(3.) On receipt of Ex.P1, the investigating officer, viz., P.W.21, has taken up investigation and also made arrangements for conducting autopsy on the body of the deceased and accordingly, P.W.6-Dr. Balamurugan has conducted postmortem on the body of the deceased viz., Kannayal @ Nallammal and he found the following external and internal injuries: "(1)Incised wound above (L) wrist 5 x 1 bone depth. (2)Two incised wounds over right thigh 4 x 1 x 3 cm (3)Incised wound (L) axilla 4 x 1 x bone depth (4)incised wound ® side of chest 3 x 1 (5)Incised wound on back between both scapula 2x1xbone depth (6)Incised wound ® leg 3 x 1 x bone depth (7) Incised wound ® lower abdomen 3 x 2 with intestine seen coming out through the wound. No fracture on ribs. Heart 1/2 x 1/2 cm punctured wound on left ventricle. 500 ml hemo-flowing seen. clotted. Both chambers empty. Lungs: Incised wound (L) lower lobe 1 x 1 cm. Stomach:600 gm partially digested rice particle seen. Liver Pale 1200 gm Spleen - Pale 100gm. Kidney each 180 gm pale. Bladder: empty. No fracture in skull. Brain:1000 gm Pale." The postmortem certificate issued by the said Doctor has been marked as Ex.P3.