MARIAMMAL Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants/accused Nos.1 to 10 have filed these Criminal Appeals, challenging the judgment, dated 07.06.2017, in S.C.No.69 of 2012 on the file of Additional Sessions Judge (Fast Track), Tenkasi, in and by which, A1 to A5 and A7 to A9 were convicted under Sections 147, 120-B 148, 452, 302 r/w 149 I.P.C. and A6 and A10 were convicted under Sections 147, 120-B r/w 149 and 302 r/w 109 I.P.C. and A1 to A10 were sentenced to undergo 2 months simple imprisonment under Section 147 I.P.C. and A1 to A5 and A7 to A9 were sentenced to undergo 4 months simple imprisonment for offence Section 148 I.P.C. and sentenced to undergo 6 months simple imprisonment and fine of Rs. 300/- each, in default, 1 month simple imprisonment for offence under 452 I.P.C. and A1 to A5 & A7 to A10 and A6 & A10 were sentenced to undergo Life Imprisonment with fine of Rs. 500/- each for each offence, in default, 3 months simple imprisonment for offences under Sections 120-B & 302 r/w 149 and 120-B r/w 149 and 302 r/w 109 I.P.C. respectively.

(2.) The prosecution case is that owing to the previous enmity between the family members of accused and deceased consequent upon the murder of A10's husband Subramani, on 13.05.2011 at 18.30 hours all the accused conspired to murder the deceased Thangamani and her husband Selvaraj and in pursuance of the same on 14.05.2011, A10 gave Rs. 65,000/- to A6 to purchase Omni Van bearing Reg.No.TN 01 J 8514 and on 19.05.2011 at 13.00 hours they murdered the said Selvaraj and at 13.45 hours A1 to A5 and A7 to A9 entered into the house of Thangamani, while A6 remained in the Omni Van. A2 attacked deceased with Iron Pipe, while A4 attacked her with wooden stick and A1, A3, A5, A7 to A9 kicked her with their legs and murdered her.

(3.) P.W.1, brother of the deceased, preferred a complaint before Special Sub Inspector of Police at Uthumalai Police Station on 19.05.2011 at 18.00 hours. P.W.10, Special Sub Inspector of Police registered the complaint in Crime No.130 of 2011 under Sections 147, 148, 452, 302 and 109 I.P.C. and prepared Ex.P.8 FIR. P.W.16, Inspector of Police took up the investigation, went to the scene, prepared observation mahazar Ex.P.16, as also rough sketch Ex.P.17, examined witnesses and deceased and recorded their statements. He conducted inquest over the body of the deceased and prepared Ex.P.19 - Inquest Report and sent the body for post-mortem. The Post-mortem Report is Ex.P.11. Then he altered the F.I.R. from 147, 148, 452, 302 and 109 I.P.C. to Sections 147, 148, 452, 302, 109, 120(b) I.P.C. and prepared alteration report Ex.P.20. He arrested A4 and recorded his confessional statement in the presence of P.W.7 and another and recovered M.Os.1 and 2. After his transfer, P.W.17 - Inspector of Police, took up the case for further investigation, examined the witnesses and recorded their statements. Upon completion of investigation, P.W.15 filed a charge sheet informing commission of offences under Sections 147, 148, 149, 352, 302, 109 and 120-B I.P.C. On committal, the case was tried in S.C.No.69 of 2012 on the file of learned Additional Sessions Judge (Fast Track), Tenkasi. Before trial Court, prosecution examined 17 witnesses and marked 22 exhibits and 6 material object. None were examined on behalf of defence. However, one document each was marked on behalf of the defence and the Court.