- (1.) A. 1 to A. 3 are the appellants herein. Suresh Kumar alias Suresh, who is arrayed as A. 1, mohammed All alias Monu alias Jambu, who is arrayed as A. 2 and Narayanamoorthy alias wins Moorthy, who is arrayed as A. 3, have been convicted by the trial Court for the of-fence punishable under S. 302 r/w S. 109, i. P. C. and sentenced to undergo imprison- ment for life. Challenging the same, this appeal has been preferred.
(2.) THE short facts leading to the filing of the appeal are as follows : " (a) The deceased-Ramalingam, P. W. 1 appavoo, P. W. 2 Murugesan, are the friends of A. 1 to A. 3 are the residents of Kempatti colony at Coimbatore. On 14-9-1997 at about 10 p. m. P. Ws. 1 and 2 along with the deceased went to Mahalakshmi Bakery to take tea. When they reached Mahalakshml bakery by travelling in a TVS moped, all the three accused, who were standing near mahalakshml Bakery, called them. P. W. ' 1 left the moped nearby and all of them went near the accused. A. 3, Wins Moorthy questioned the deceased as to why he was spoiling the women folk in the area. The deceased reacted by stating that he would continue to do it and no one can challenge him. Thereafter, A. 3 caught hold of the right hand of the deceased, A. 2 caught hold of the left hand of the deceased and A. 3 instigated A. 1 to stab the deceased. Thereupon, A. l took out a button knife from his pocket and stabbed the deceased on the left side of his chest, as a result of which the deceased fell on the ground. Thereafter, all the accused ran away from the scene of occurrence. (b) On noticing the deceased falling down on the ground and gasping for life with bleeding injuries, P. Ws. 1 and 2 rushed to the house of the deceased, which is situated nearby, and informed about the incident to p. W. 3 Arumugam, who is the brother of the deceased. Then, P. W. 3, along with P. Ws. 1 and 2 came to the scene of occurrence and arranged for an auto in which the deceased was taken to the hospital. As requested by p. W. 3, P. W. 1 went to the Police Station and lodged Ex. P. 1 complaint at 10. 30 p. m. The complaint was registered by P. W. 12, the sub-Inspector of Police in Crime No. 1590of 1997 for the offence punishable under s. 307,i. P. C. (c) In the meantime, the deceased was taken to the Government Hospital, coimbatore at 10. 20 p. m. P. W. 5 doctor admitted him and issued Ex. P. 5 accident register. Then P. W. 7 doctor who is attached to the Cardiothorasic Surgical Wing at coimbatore Government Hospital conducted a surgery on the deceased. Ex. P. 7 is the medical case sheet. (d) In the meantime, Ex. P. 6 intimation was sent to the Police. P. W. 13, the Inspector of Police took up further investigation. He went to the scene of occurrence at 11. 30 p. m. , observed all the formalities and prepared observation mahazhar, rough sketch and also seized the blood-stained samples. (e) On the next day early morning at 2. 30a. m. , the deceased succumbed to the injuries and his death was intimated to the police under Ex. P. 8 death intimation. After receipt of Ex. P. 8, P. W. 13 altered the offence into one under S. 302,1. P. C. and sent an alteration report to the Court. P. W. 13, at 7. 00 a. m. , went to the hospital and conducted inquest. During inquest, P. Ws. 1 to 3 were examined. Then, a requisition was sent to the Doctor to conduct post-mortem. P. W. 8, the doctor attached to the coimbatore Government Hospital conducted autopsy on the body of the deceased on 15-9-1997 and found an injury on the chest. On completion of the autopsy, he gave a post-mortem certificate opining that the deceased would appear to have died of shock and haemorrhage as a result of the stab injury sustained by him. (f) Then, on information, P. W. 13, on 15-9-1997 at 2. 00 p. m. arrested A. 1 to A. 3 near ukkadam Perur Bypass Road. On the confession of A. 1, M. O. 1 was recovered: on the confession of A. 2, M. O. 7, a blood-stained shirt worn by A. 2 was seized; and on the confession of A. 3, M. O. 8 was seized. Thereafter, all the material objects were sent for chemical analysis. After completion of investigation, P. W. 13 filed a charge-sheet against all the accused for the offence punishable under S. 302 r/w S. 109,i. P. C. (g) During the course of trial, on the side of the prosecution, 13 witnesses were examined, 27 exhibits were filed and 9 material objects were marked. (h) The accused, while being questioned under S. 313, Cr. P. C. with reference to the incriminating materials, denied their complicity in the crime. (i) The trial Court, after having considered the evidence placed on record, concluded that A. 1 is liable to be convicted under S. 302,1. P. C. and A. 2 and A. 3 are liable to be convicted under S. 302 r/w S. 109, i. P. C. and accordingly, it found them guilty of the said offence and sentenced thereunder. Hence this appeal. "
(3.) MR. L. Mahendran, learned counsel for the appellants, would take us through the entire evidence and would contend that the testimony of P. Ws. 1 and 2 cannot be relied upon as they could not have seen the occurrence and their conduct is quite artificial and their deposition before the Court is quite contradictory to the evidence of P. W. 3 and other records. Therefore, the conviction, on the basis of the evidence of P. Ws. 1 and 2, the eye-witnesses, cannot be held to be valid.;