B. Sudershan Reddy, J. - (1.) This appeal by special leave arises out of judgment and order dated 18th December, 2006 passed by the High Court of Judicature at Madras, whereby the High Court confirmed the conviction and sentence of the appellants herein under Section 302 of the Indian Penal Code (IPC) while setting aside conviction and sentence under Sections 120B, 148, 341, 147, 302 read with Sections 149 and 109 IPC.
(2.) The facts in brief, according to the prosecution story, are that on 28th March, 2002 one Murugesan (deceased) was murdered at about 7.30 a.m. on the way leading to Badrakaliamman temple on Kovai Pudur Road in pursuance of a criminal conspiracy hatched by the appellants herein and other accused forming themselves into unlawful assembly so as to wreck vengeance of the murder that took place on 26th March, 2002 of one Sultan Meeran. Before the incident, Kanakaraj (PW 1), brother of the deceased went to the barber shop situated near the place of occurrence to have a shave, where his paternal uncle Subramani (PW 4) told him that the deceased and some other persons were quarrelling at East of Badrakaliamman temple. Immediately, Kanakaraj (PW 1), rushed towards the place of occurrence and found the deceased lying on the ground unconsciously with bleeding injuries. Gopalakrishnan (PW 5) and Rathinasamy (PW 28) who were returning from Badrakaliamman temple, on hearing the distress noise ran towards the place of occurrence and found Murugesan (deceased) lying in a pool of blood. They told Kanakaraj (PW 1) that the assailants had fled away after they had attacked the deceased in revenge of earlier murder that took place on 26th March, 2002 of a member of assailants' community. Thereafter within ten minutes Parvathy (PW 6), who owns a fruit vending shop near the temple, told Kanakaraj (PW 1) that earlier in the morning at about 6.30 A.M. she noticed two or three unknown persons near her shop in a car and on a scooter and then proceeding towards temple. In the meanwhile, Ganesan (PW 15) reached at the spot. Thereafter Subramani (PW 4), uncle of Kanakaraj (PW 1), along with Ganesan (PW 15) and others took the injured (deceased) in his car to the Government Hospital, Coimbatore. En route to the hospital, Ganesan (PW 15) gave information about the incident to the concerned police station over his mobile phone. The duty Doctor (PW-21), after examining Murugesan, declared him dead. On the basis of the information given by Ganesan (PW 15), Akbar Khan, Sub-Inspector of Police, Pothanur Police Station (PW 29) reached at the hospital at about 8.45 A.M where he came to know that Murugesan had already died. He examined Kanakaraj (PW 1) and recorded his statement which was registered as Crime No. 271/02 (Ex. P.1). Thereafter the first information report came to be printed as Ex. P.72. Consequent upon the registration of crime, Ramachandran, Inspector of Police, Pothanur Police Station (PW 30) was appointed as Investigating Officer who visited the scene of occurrence at about 10.00 A.M on the very same day and prepared the observation mahazar (Ex. P.30), the rough sketch of the crime scene (Ex. P. 74) and also recovered material objects including a knife (MO-7) in the presence of Marudhachalam (PW-20) and other witnesses. Thereafter he proceeded to the Government Hospital where, in the presence of panchayatdars and witnesses, prepared inquest report (Ex. P. 73) and gave requisition (Ex. P. 47) to conduct post mortem. Sundarrajan, Professor, Forensic Science, Coimbatore Medical College Hospital (PW 23) on receipt of Ex. P. 47 conducted post mortem (Ex. P. 48) at 12.25 P.M. and opined that the death was due to haemorrhage and shock resulting from multiple stab injuries over chest and corresponding internal injuries to heart and both lungs.
(3.) After completion of the investigation, the police filed charge sheet against the appellants and five other co- accused. The prosecution in all examined 30 witnesses (PWs 1 to 30) and got marked 77 documents in evidence. The prosecution also produced material objects which were marked as M.O. 1 to 43.;