- (1.) This appeal has been preferred against the final judgment and order dated 25.01.2007 passed by the Madurai Bench of the Madras High Court in Criminal Appeal No. 1137 of 1998 whereby the Division Bench of the High Court allowed the appeal filed by the State and set aside the order of acquittal of appellants herein dated 24.08.1998 passed by the IInd Additional Sessions Court, Tirunelveli in Sessions Case No. 264 of 1996.
(2.) The facts and circumstances giving rise to this appeal are as under: (a) Uluppadi Parai is a small village in Ambasamudhram Taluk within Kallidaikurichi Police Station. The appellants herein (A-1) and (A-2) and the deceased were all the residents of the same hamlet situated in the aforesaid village. The residents of that hamlet had a nearby place as open air latrine which was situated near a water body. (b) The deceased Ramaiah, in this case, was the son-in-law of Ramaiah (PW- 1), who also had the same name as that of the deceased. Parvathi-daughter of PW-1, was married to the deceased-Ramaiah. 25 days prior to the incident, when she was staying at the residence of PW-1, the deceased- Ramaiah solicited the wife of Subbiah (A-2) to have illicit intercourse with him and A-2, after coming to know of such fact, harboured enmity in his heart against the deceased. The deceased was also having previous enmity with Mookkiah (A-1), who was residing in the same village. (c) On 12.05.1992, at about 5.30 a.m., when the deceased Ramaiah went to the said open air latrine to attend to the calls of the nature, A-1 and A- 2, in furtherance of their common intention to murder Ramaiah, dealt blows on him using aruval (billhooks), thereby killed him on the spot itself and fled away from the scene. However, on the very same day, at about 05:30 hours, when Ramaiah (PW-1), the father-in-law of the deceased, Sudalaimuthu (PW-5) and Shanmugam (PW-4) were returning after pouring water into their field, they heard the cries of Ramaiah, son-in-law of PW-1, shouting "Don't attack, Don't attack". They immediately rushed to the spot and saw that the accused were attacking the deceased-Ramaiah on his head, neck, shoulder and back with their aruval and on seeing them, they fled away. Ramaiah (PW- 1) and Sudalaimuthu (PW-5) both witnessed the ghastly crime and despite they shouted at the assailants not to perpetrate the gruesome act, the accused accomplished their task of murdering the accused. (d) Thereupon, PW-1, PW-4, PW-5 and one Kanaka Raj, went to the Kallidaikurichi P.S. and PW-1 lodged a complaint against both the accused persons which was registered as Crime No. 173 of 1992 under Section 302 of the Indian Penal Code, 1860 (in short 'IPC'). (e) After investigation, both the accused persons were arrested and charges were framed against them under Section 302 read with Section 34 of IPC and the case was committed to the Court of Session which was numbered as Sessions Case No. 264 of 1996. (f) By order dated 24.08.1998, the trial Court, after giving the benefit of doubt, acquitted both the accused of the offences with which they were charged. Being aggrieved by the judgment of acquittal, the State preferred an appeal being Criminal Appeal No. 1137 of 1998 before the Madurai Bench of the Madras High Court. (g) The High Court, after examining all the materials, by order dated 25.01.2007, reversed the judgment of acquittal and found A-1 and A-2 guilty of the offence under Section 302 read with Section 34 of IPC and sentenced them to suffer rigorous imprisonment (RI) for life alongwith a fine of Rs. 5,000/- each, in default, to further undergo RI for 6 months. (h) Being aggrieved by the impugned judgment of the High Court, A-1 and A- 2 (appellants herein) preferred an appeal before this Court under Article 136 of the Constitution of India.
(3.) Heard Mr. S. Nanda Kumar, learned counsel for the appellants-accused and Mr. S. Gurukrishna Kumar, learned senior counsel and AAG for the respondent-State. Interference in Appeal against Acquittal:;