UDAY UMESH LALIT, J. - (1.) Criminal Appeal No. 740 of 2018 (preferred by original Accused No. 1) and Criminal Appeal Nos. 1608-1609 of 2018 (preferred by original Accused Nos. 2, 3, 5 and 6) challenge the common judgment and order dated 27.04.2016 passed by the High Court of Judicature at Madras dismissing Criminal Appeal Nos. 604 of 2012 and 92 of 2013 preferred by said accused as well as original Accused No. 4 (who is stated to have expired since then).
(2.) The case of the prosecution as set out in paragraphs 2.1 to 2.3 of the judgment under appeal is as under:- "... ...Mr. Sengoda Goundar was the father of P.Ws. 1 and 3 and husband of P.W.2. P.W.4 is the wife of P.W.3 and the daughter-in-law of the deceased. P.W.5 is the grandson of the deceased and P.W.2. P.Ws. 3 and 4 had a child also and all of them were living together under one roof in Nallavumpatti village. 2.2 On 27.05.1999, P.Ws. 1 to 5, after having their dinner, had fallen asleep. The house of P.W.1 and others is facing towards west. P.W.1 was sleeping in the room situated on the northern portion of the house. P.Ws. 3 and 4 along with the child were sleeping in the room situated on the southern portion of the house. P.W.5 was sleeping on the pial situated on the veranda in front of the said house. Just opposite to the said house, on the western side, the tractor shed belonging to them is situated. The deceased Sengoda Goundar and his wife (P.W.2) were sleeping in the said tractor shed. 2.3 Around 09.30 p.m., they went to the respective place to sleep. When they were fast asleep, around 01.00 a.m. on 28.05.1999, these appellants (accused 1 to 6) came to the house of the deceased in order to commit dacoity. They first went into the tractor shed and started mounting attack with deadly weapons on the deceased. The deceased cried for help which awakened P.W.2. These accused indiscriminately attacked P.W.2 also. She raised alarm and cried for help. On hearing the cry of the deceased and P.W.2, P.W.1 who was sleeping in the room situated on the western portion of the house, opened the main door from inside and came out. On seeing him, some of the accused attacked him with deadly weapons like knife and wooden log. Since the attack was so violent, unable to bear the same and in order to avoid further blows being made, P.W.1 crying for help, tried to rush inside the house. By the time, on hearing the alarm raised, P.W.3 came out of the house. Some of the accused, attacked him with weapons. He sustained bleeding injuries. With a view to save himself from further attack, he rushed into the house and went into the room where his wife was sleeping. The assailants did not stop. They gave a chase, entered into the said room and indiscriminately attacked P.W.3 and his wife (P.W.4) with weapons. Both sustained a number of bleeding injuries. P.W.5 who was sleeping at the Pial, awakened by the cry, rushed out. He was also attacked. Raising alarm, he rushed towards the house of one Thaluka Goundar. These assailants, barged into the house, looted the properties. Number of jewels worn by the witnesses were snatched away by the accused. They broke open the steel bureau in the house and committed theft of the jewels. All happened with a short time. Even before the villagers could gather at the place of occurrence, the accused fled away from the scene of occurrence with decamped valuable jewels and other articles. P.Ws. 1 to 5 and the deceased were struggling for life due to the bleeding injuries. The villagers immediately rushed all of them to the Government hospital at Uthangarai."
(3.) All the victims were taken to the hospital, where Sengoda Goundar was declared dead. The following injuries were found on the person of the deceased. "1. Abrasion 4 cm x 4 cm left shoulder. 2. Contusion 10 cm x 10 cm left wrist. 3. Contusion 10 cm x 10 cm right wrist. 4. Lacerated wound 1 cm x bone deep horizontal middle head. 5. Lacerated wound 10 cm x 1 cm bone deep oblique left side head." ;