JALAKANDESWARAN ALIAS ESWARAN Vs. STATE REP

JUDGEMENT

(1.) THIS judgment shall govern all these three appeals, C. A. No. 952/2007 by A-2, C. A. No. 981/2007 by A-6 and C. A. No. 983/2007 by A-3 to A-5 and A-7.

(2.) THESE appeals have arisen from the judgment of the Additional Sessions Division, Fast Track Court No. III, Poonamallee, made in S. C. No. 151 of 2007 whereby these appellants along with A-1 stood charged and tried under Sections 147, 148, 302 read with 149 and 307 read with 149 of IPC. On trial, A-2 to A-7 were found guilty under Sections 148, 307 read with 149 and 302 read with 149 of IPC and awarded life imprisonment along with a fine of Rs. 5000/- and default sentence under Sec. 302 read with 149 IPC, 10 years Rigorous Imprisonment along with a fine of Rs. 2000/- and default sentence under Sec. 307 read with 149 IPC and 1 year Rigorous Imprisonment under Sec. 148 IPC, and the trial Court has made an order of acquittal of A-1 of all the charges.

(3.) THE short facts necessary for the disposal of these appeals can be stated as follows: (a) P. W. 2 is a resident of New Colony, Porur. The deceased Edwin Jacob was his son. He was taking Karate classes under A-2. The deceased Edwin Jacob fell in love with the sister of A-1. Despite the objections raised by the family of A-1, he married her. Thereafter, the relationship between the spouses got strained, and he deserted her. Despite the request of A-1, he did not take her back, and hence they were on inimical terms. Then, on the request of A-1, his friend A-2 and his associates, the other accused, planned to finish him off. On 4. 3. 2006 at about 6. 00 P. M. , Edwin Jacob, and his friend P. W. 3 Munirathinam, proceeded to Karate School at Pariwakkam. When the classes were going on, they were witnessing for a while. A-7, who was already available there at that time, went in a motorbike and brought A-3 and A-4. They were talking with each other for sometime. Then, leaving A-2, the deceased and P. W. 3, all of them left the place. (b) At about 10. 00 P. M. , the deceased Edwin Jacob, P. W. 3 and A-2 proceeded in a motorbike. When they were just proceeding in the main road, A-2 informed the deceased to go on the right side towards Mettupalayam. Edwin Jacob questioned why they should go there. Then A-2 replied that they have got a marriage festival, and he was to attend the same. Accordingly, on the instructions of A-2, Edwin Jacob took the motorbike towards Mettupalayam. When they were just proceeding for a short while, they found another motorbike, and the light was also burning. A-2 told the deceased that it looked like his bike, and hence he asked him to stop the vehicle. Accordingly, the motorbike in which all the three were travelling, was stopped. Immediately, A-3 and A-4 were found running. They began to attack P. W. 3, and P. W. 3 who sustained severe bleeding injuries, was running from the place. After a short distance, he turned back and witnessed A-2 to A-7 armed with deadly weapons attacking Edwin Jacob. Then he immediately left the place and proceeded to the hospital of P. W. 4, the Doctor, where he had the treatment. He was medically treated by P. W. 4 at 11. 00 P. M. The accident register copy is marked as Ex. P2. Since P. W. 2's son did not come, he was making a search. Next morning, he was informed that P. W. 3 was taking treatment in the hospital of P. W. 4. Then he went over to the hospital, and P. W. 3 informed P. W. 2 that himself and his son were attacked by the accused. (c) While the matter stood thus, on 5. 3. 2006 in the morning hours, P. W. 1, the Village Administrative Officer (VAO), was informed by his Assistant by phone that near the Meikkal poramboke, a male body was found. Immediately P. W. 1 proceeded to the place and found the dead body. He prepared Ex. P1, the report, and went to the respondent police station where P. W. 11, the Inspector of Police, was actually on duty, to whom he gave Ex. P1 report, on the strength of which a case came to be registered in Crime No. 411 of 2006 under Sec. 302 of IPC. The printed FIR, Ex. P20, was despatched to the Court. (d) P. W. 11 took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex. P11, and a rough sketch, Ex. P21. Then, he conducted inquest on the dead body of Edwin Jacob in the presence of witnesses and panchayatdars and prepared an inquest report, Ex. P22. The dead body was sent to the hospital along with a requisition Ex. P3, for the purpose of postmortem. (e) P. W. 5, the Professor, Department of Forensic Medicine, Government Kilpauk Medical College, on receipt of the requisition, conducted autopsy on the dead body of Edwin Jacob and has issued a postmortem certificate, Ex. P4, wherein he has opined that the deceased would appear to have died of cranio-cerebral injuries due to multiple cut wounds. (f) Pending the investigation, the Investigating Officer arrested A-2, A-3, A-4, A-5, A-6 and A-7 on 6. 3. 2006. A-2 gave a confessional statement which was recorded by him. The admissible part is marked as Ex. P12 pursuant to which he produced M. O. 9 motorbike, which was recovered under a cover of mahazar. A-3 gave a confessional statement voluntarily, and Ex. P14 is the admissible part. He also produced an iron rod, M. O. 7, which was recovered under a cover of mahazar. A-4 gave a confessional statement, which was recorded, and the admissible part is Ex. P15. Then, A-4 produced M. O. 5 knife, which was recovered under a cover of mahazar. A-5 also gave a confessional statement which was recorded, and he produced M. O. 6 knife, which was recovered under a cover of mahazar, Ex. P17. They were all sent for judicial remand. The Investigating Officer altered the case into Sections 147, 148, 120-B, 180, 307 and 302 of IPC. The express report, Ex. P23, was sent to the Court. (g) On requisition made by the Investigating Officer, the test identification parade was conducted by P. W. 6, the Judicial Magistrate No. II, Poonamallee, and P. W. 3 identified A-2 to A-7. The identification parade proceedings are marked as Ex. P8. All the material objects were subjected to chemical analysis which resulted in two reports Exs. P9, the chemical analyst's report, and Ex. P10, the serologist's report. P. W. 12, the Inspector of Police, took up further investigation and on completion of investigation, filed the final report.