- (1.) The appellants 1 to 9 along with one Ravi were tried for the offences under Sections 147, 148, 452, 323, 324, 325, 341 and 302, IPC. The trial court acquitted the said Ravi (A-7) and convicted the appellants (A-l to A-6 and A-8 to A-10) for the offences under Secs. 147, 148, 452, 323, 324, 325 and 304, Part II, IPC on the basis of the different charges framed against them. Aggrieved by that, the appellants have filed this appeal.
(2.) The short facts leading to the conviction are summarised as follows: "(a) P.Ws. 1 to 9, the deceased Krishnan and the accused persons are the residents of NellikuppamTown. Some of the accused are residing in the houses situate in Angalamman Koil Street and other accused are residing nearby. P.Ws. 1 to 9 are residing at Kailasanathar Koil Street. P.W. 10 Ranganathan is the Trustee of the Durgai Amman Koil which is situate in Kailasanathar Koil Street. Every year there used to be an Aadi Festival in Durgai Amman temple. The deceased Krishnan was managing the affairs of the temple and helped the Trustee P.W. 10 in collecting the amounts from public for arranging the temple function. (b) Five years back, when the Durgai Amman Aadi Festival was celebrated, the accused persons who belong to Angalamman Koil Street created a scene in the festival by eveteasing the women folk who came there lo attend the festival. From then onwards, the organisers of the festival did not use to invite the people from Angalamman Koil Street. Due to this, the residents of Angalamman Koil Street, namely the accused persons and others had grievance against the organisers of the Aadi Festival. (c) On 16-8-1991 at about 8.00 a.m., some of the persons who are the residents of Kailasanathar Koil Street beat the first accused on the reason that earlier A-1 abused their relative. In retaliation to the said incident. A-1 brought A-2 to A-10 who belong to Angalamman Koil Street and nearby area to the house of the deceased Krishnan who was one of the organisers of the Aadi Festival. At that time, the deceased was sitting in the pial of his house. A-l instigated the other accused who were armed with weapons to take the deceased from the pial and bring him outside. Accordingly, A-8 and A-9 along with other accused forcibly lifted the deceased Krishnan and went towards the western side. All the accused followed him. At the end of the street, there is a Saw Mill, which connects the Vanapakkam Street and Kailasanathar Koil Street. There, the deceased Krishnan was dropped in the middle of the road, Then, A-1 and A-2 forcibly kicked the deceased on his chest and scrotum. When the witnesses P.Ws. 1 to 7, who all belong to Kailasanathar Koil Street intervened, the accused persons beat them with the sticks and koduval and caused bleeding injuries. When they made a hue and cry, all the accused ran away from the scene. In the meantime, the deceased Krishnan became unconscious. Therefore, Krishnan and other injured were taken to the Government Hospital, Cuddalore. (d) P.W. 11, the Doctor examined the victim Krishnan at about 10.10 a.m. After giving the first aid treatment, he was referred to Pondicherry JIPMER Hospital. Then, he examined P.Ws. 1 to 7 from 10.50 a.m. to 12.30 p.m. and issued would certificates. (e) At about 12.00 noon, P.W. 12 Sub-Inspector of Police received intimation about the admission of the injured persons in the hospital. So, at 12.30 p.m., he went to the hospital and obtained the complaint Ex.P-1 from P.W. 1. The case was registered for the offences under Sections 147, 148, 342, 325, 326 and 307, IPC. At about 2.00 p.m., the first accused Mohan appeared in the Police Station and gave a complaint against three persons, who belong to Kailasanathar Koil Street, alleging that he was attacked by them with stones at about 8.00 a.m. on that day. The said case was registered for the offences under Sections 341 and 324, IPC. (f) At about 2.30 p.m., P.W. 12 came to the scene and prepared observation mahazar Ex.P-13 and Sketch Ex.P-14. Then, he removed bloodstained earth and sample earth under mahazar Ex.P-15. He examined the injured witnesses. On 17-8-1991 at about 7.00 a.m., he received intimation Ex.P-16 that the deceased Krishnan died at Pondicherry JIPMER Hospital. Therefore, he altered the FIR for the offence under Section 302, IPC and sent the Express Report Ex.P-17. (g) P.W. 13, the Inspector of Police took up further investigation on receipt of the Express Report and went to the Pondicherry JIPMER Hospital and conducted inquest and examined the witnesses. Ex.P-20 is the inquest report. (h) P.W. 15, the Doctor at about 12.00 Noon conducted post-mortem and found the following injuries: "Injuries: (ante-mortem) 1. Abrasions are present on the following parts of the body:- (a) Outer part of the right upper arm, 13 cm., below the acronion process. 2 cm. x 1 cm. (b) Extensor aspect of the left forearm, 8 cm. proximal to the wrist joint, 1 cm. x 1 cm. (c) Left scapular region, 3 cm. above the inferior angle of the scapula, 1 cm. x 1 cm. II. Contusions are present on the following parts of the body:- (a) Extensor aspect of the middle of the left forearm, 5 cm. x 5 cm. x 5 cm. x muscle deep. (b) Upper 1 /3rd of the outer part of the right upper arm, 8 cm. x 5cm. x muscle deep. (c) Scrotum, 6 cm. x 3 cm. x skin deep. Internal Examination: Head (Scalp, skull, brain, meninges and blood vessels). The scalp shows contusion on the left and right parietal regions. 10 cm. x 10 cm. There is a fissure fracture in the lateral part of the left parietal bone, 1 cm. behind the coronal suture, running horizontally and medially for a distance of 5 cm. and then joining the coronal suture which is seen separated in its entire length. A thick layer (about 2 cm.) of subdural haematoma is present on all the surfaces of the left cerebral hemisphere. Generalized subarachnoid haemorrhage is present. The left temporal lobe is seen lacerated over an area of 5 cm. x 5 cm." Ex.P-32 is the post-mortem certificate. He opined that the deceased would appear to have died of shock as a result of multiple injuries found on the body. (i) On 18-8-1991, P.W. 13 arrested A-3 Balu and recovered wooden reapers M.O.5 series. Then, on 19-8-1991 A-10 Krishnamurthy was arrested and on his confession, bamboo stick M.O. 2 was recovered. Then, A-9 Sankar was arrested. On 22-8-1999, P.W. 13 arrested A-2 Gaja and recovered Koduval M.O. 1. After finishing the investigation, he filed the charge-sheet on 16-9-1992 for the offences referred to above. (j) After committal, the trial was proceeded with. During the course of trial, the prosecution examined P.W. 1 to P.W. 15, filed Exs.P-1 to P-32 and marked M.O. 1 to M.O. 5. (k) All the accused were questioned under Section 313, Cr.P.C. They replied that a false case was foisted against them and they were innocent. (1) After analysing the evidence on record, the trial court acquitted all the accused in respect of the offences under Sections 302 and 302 read with 149, IPC., but however, convicted the accused for the lesser offence, namely under Section 304, Part II and 304 Part II read with 149 IPC. They were also convicted for the offences under Sections 147, 148, 452, 323, and 325, IPC. The trial court acquitted Ravi (A-7) in respect of the charges framed against him".
(3.) While assailing the conviction and sentence imposed upon the appellants, the counsel appearing for the appellants would make the following submissions: "The trial court has not considered the evidence in the proper perspective and has not taken into account the various infirmities and vital discrepancies which would affect the credibility of the witnesses. There is a discrepancy between the evidence on record and the complaint Ex.P-1 regarding the scene of occurrence. The prosecution has not explained the shirting of the scene as spoken toby the prosecution. The medical evidence on record is contrary to the evidence ofocular witnesses. Ex.P-2 wound certificate, the earliest document would show that to P.W. 11, Doctor, it was stated that 25 known persons attacked the deceased which is quite contrary to the case of prosecution. On the other hand, it is mentioned in the complaint that only 9 persons participated in the occurrence. Later, the prosecution projected as if 10 persons participated in the attack. Furthermore, some of the accused persons, admittedly, were not known to the witnesses earlier. In the absence of the identification parade, their evidence implicating those accused cannot be acted upon. P.W. 15 post-mortem Doctor found that there was a fracture on the skull. Though the prosecution witnesses would state that the deceased was kicked, P.W. 15 would state that fracture of the skull cannot be caused due to kick. There is also delay in the registration of the FIR. The wound certificates Exs.P-3 to P-9 which would relate to the injuries found on P.Ws. 1 to 7 would show that the occurrence took place at different place at different time. Therefore, the prosecution has not established its case beyond reasonable doubt".;