M KASIMAYAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals arise against judgement of learned IV Additional District and Sessions Court, Madurai in S.C.Nos.12 of 2011 on 15.11.2016.

(2.) The case of the prosecution is that Tamilselvi is the sister of deceased Selvi (D1) as also appellant (A1). Deceased Karikalan (D2) is the husband of deceased Selvi (D1). Another appellant (A4) is coaccused. Accused A1 to A6 armed with weapons, on 06.03.2009 at about 10.00 p.m., had trespassed into the house of the deceased and attacked D1 and D2 indiscriminately and thereby caused their death. They were tried for offences under Section 120(b), 449, 302 (2 counts) of IPC in S.C.No.12 of 2011 by the IV Additional District and Sessions Court, Madurai.

(3.) Pw.1, sister of the deceased D1, preferred Ex.P1, written complaint, on the day of occurrence at 10.30 p.m., P.W.27, Sub Inspector of Police, C5- Karimedu Police Station, registered a case in Crime No.235 of 2009 under Sections 147, 148, 448, 307, 302 IPC.. The printed FIR is Ex.P.2 P.W.28, K.Ashokan, Inspector of Police at C5 Karimedu Police Station, took up investigation on 06.02009, visited the place of occurrence, prepared Ex.P2 - Observation Mahazar and Ex.P24 Rough Sketch in the presence of witnesses viz., P.W.8 & P.W.6. He seized M.Os.1 to 4 blood stained mosaic and samples of mosaic. He conducted inquest over the bodies of deceased and prepared Ex.P26, inquest report of Karikalan and Ex.P.27, inquest report of Selvi and sent the bodies to Madurai Government Rajaji Hospital through Head Constable for post-mortem. The Post-mortem Report of deceased Karikalan is Ex.P.17 and post-mortem report of deceased Selvi is Ex.P.18. He examined PWs.1 to 30 and recorded their statements. Upon completion of investigation, he filed a charge sheet informing commission of offence u/s.120(b), 449 and 302 (2 counts) IPC. The case was tried in S.C.No.235 of 2009 by the IV Additional District and Sessions Court, Madurai.