RAMESH AND OTHER Vs. STATE

JUDGEMENT

(1.) The appellants/A1 and A2 have filed these Criminal Appeals, challenging the judgment, dtd. 21/12/2016, in S.C.No.266 of 2011 on the file of the I Additional District and Sessions Judge, Tirunelveli, in and by which, they were convicted for offence under Sec. 341 I.P.C. and sentenced to undergo one month R.I. and also convicted for offence under Sec. 302 IPC and sentenced to undergo life imprisonment and fine of Rs.1,000.00 each, in default, six months rigorous imprisonment.

(2.) The prosecution case is that the deceased was done to death owing to brother of the accused having died owing to remorse over having to sell his house to repay the loan availed of from the deceased, who was engaged in money lending business. The appellants originally arrayed as Accused Nos.6 and 7, had engaged the service of Accused Nos.1 and 5 to do away with the deceased. Pursuant to the conspiracy entered upon on 15/12/2007, Accused Nos.1 to 3 attacked the deceased on 17/12/2007, at about 6.45 a.m., while Accused Nos.4 and 5 kept a watch. Owing to stab injuries caused by Accused Nos.1 and 3 and cut injuries caused by Accused No.2, the deceased died. Pending investigation, Accused Nos.6 and 7 had died and five persons were put to trial. Pending trial, Accused No.1 died and as a consequence the array of accused was altered to reflect the second accused as Accused No.1 and the third accused as Accused No.2 and Accused Nos.4 and 5 as Accused Nos.3 and 4.

(3.) P.W.1, brother of the deceased, preferred a complaint before Sub Inspector of Police at Surandai Police Station on 17/12/2007. P.W.21, Sub-Inspector of Police registered the complaint in Crime No.307 of 2007 under Sec. 302 IPC and prepared Ex.P.19 FIR. P.W.22, Inspector of Police, took up investigation, went to the scene and prepared observation mahazar Ex.P.8, as also rough sketch Ex.P.20. He conducted inquest over the body of deceased in the presence of Panchayatars and prepared Ex.P.21, Inquest Report and sent the body to Government Hospital, Tenkasi through PW-20 Head Constable for post-mortem. The Post-mortem Report is Ex.P12. He examined PWs.1 to 21 and recorded their statements and recovered M.Os.1 to 17. On 22/12/2007, he arrested A1, A2 and A4, namely, Ramesh, Mayilraj and Madasamy near Srinivasa Perumal Temple at Surandai and recorded their confessions in the presence of P.W.6, namely, Duraipandian as also Murugaiyaiah, who also attested the confession of the accused. He sent the accused to judicial custody on 22/12/2007. Thereafter he prepared Ex.P.22 alteration report. On 27/12/2007, accused Samy @ Arumugasamy surrendered before Court. On 29/12/2007, P.W.22 took him into police custody and recorded his confession statement in the presence of P.W.11, Ponnampalam as also Paramasivapandian. On 30/12/2007, he arrested Accused Karaiadi Madasamy and Thirumalaivelu and sent them to judicial custody. He sent a requisition for chemical analysis. He obtained postmortem report and examined P.W.16 - Civil Assistant Surgeon namely, Dr.Sakthiveliayathum and recorded his statement. Upon completion of investigation, he filed a charge sheet informing commission of offences under Ss. 120(b), 341, 302 r/w 34 IPC. On committal, the case was tried in S.C.No. 266 of 2011 on the file of learned I Additional District and Sessions Judge, Tirunelveli. Before trial Court, prosecution examined 22 witnesses and marked 22 exhibits and 17 material objects. None were examined on behalf of defence nor were any exhibits marked.