S.NAGAMUTHU, J. - (1.) THE State is the appellant. The respondents are the accused in S.C.No.116 of 2003 on the file of the learned Additional Sessions Judge, FTC.No.I , Tirunelveli. There were six charges framed as detailed below: JUDGEMENT_3503_TLMAD0_2012html712013m2.htm The trial Court by judgment dated 27.01.2005 acquitted all the accused. Challenging the same, the State has come up with this criminal appeal.
(2.) THE case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Thangaraj. P.W.1 is his father. P.W.2 is his brother-in-law and P.W.3 is the sister of the deceased. P.W.3 is the wife of P.W.2. The fourth respondent/fourth accused Kumar had a wife by name Mallika. Some time before the alleged occurrence, the deceased Thangaraj had eloped with Mallika. A4, therefore, made a complaint to the police against the deceased. On the said complaint, when the Inspector of Police enquired the deceased, Thangaraj told that he would live only with Mallika. Mallika, in turn, told that she was also willing to live only with deceased Thangaraj. As a matter of fact, she also told that the second child to her was born to the deceased. Since the deceased and the wife of the fourth accused expressed their willingness only to live together, the police closed the enquiry and sent them together. From that time onwards, the deceased and Mallika were residing at Madhapuram village near Kadayam. After some time, P.W.1 with the help of a few mediators, went to the place, where the deceased was residing with Mallika, persuaded Mallika to return to the matrimonial home with the fourth accused. Accordingly, Mallika was taken back into the matrimonial home of A4. The deceased was already married. He along with his wife had gone and settled down at Sivaramapettai. One day prior to deepavali, the 4th accused had left his wife at the house of his father-in-law. The deceased had also returned to the village instantaneously for deepavali. Because of the above incident, there were ill feeling between A4 and the deceased. The accused 1 to 3 and 5 are the close associates of the 4th accused. While so, on 14.11.2002, at about 1.30 p.m., P.Ws.1 to 3 and the deceased, after completing transplantation work in their field were returning to their house. When they were nearing Samuthrakulam Kaalvai, all the three accused emerged suddenly. At that time, the deceased was going in his cycle ahead of P.Ws.1 to 3. These five accused suddenly intercepted him and mounted attack on him with weapons. The accused 1 to 3 attacked the deceased with aruval. The other accused induced them to commit murder. The deceased sustained eight injuries and died instantaneously. 2.1. Thereafter P.W.1 went to Puliyangudi police station at 3 p.m., and preferred Ex.P1 complaint. P.W.11, the then Inspector of Police, attached to Puliyangudi police Station on receipt of Ex.P1, registered a case in Crime No.337 of 2002 under Sections 147, 148, 341 and 302 IPC. Ex.P15 is the First Information Report. Then he forwarded Exs.P.1 and P15 to the Court. Thereafter, at 4.30 p.m., he proceeded to the place of occurrence and prepared an observation mahazar in the presence of P.W.2 and another witness. He also prepared a rough sketch showing the place of occurrence. Then, between 5.30 p.m. onwards, he conducted inquest on the body of the deceased. During which, he examined P.W.s 1 to 3 and few more witnesses and recorded their statements. Ex.P17 is the inquest report. Then, he forwarded the dead body for postmortem. P.W.4, Jawahar Nisha, was an Assistant Surgeon working at Puliyangudi Government Hospital. On 15.11.2002, at 10.30 a.m., she conducted autopsy on the body of the deceased. She found the following injuries: 1.cut injury found on the left fore arm; wrist along with left fore arm are separated. (left hand fore arm was missing above the wrist) (hand was amputated). 2.Near axilla oval shaped crushed wound. 3.cut injury found in the occipital region below the right ear measuring 10" x 2+" x 2" depth. 4.cut injury found below angle of mandible below the left ear measuring 10" x 5 x 4 " depth. 5.cut injury found on the backside of left thigh measuring 8"x 5"x 1 +" 6.cut injury found on the left shoulder measuring 2+" x 2" x +" 7.cut injury found on the backside of the upper part of left hand measuring 6"x1"x1". 8.Crushed wound found on the backside of left hand measuring 4" x 2" x 1". Ex.P5 is the postmortem certificate. She opined that the deceased would appear to have died of shock and hemorrhage and the death would have occurred 20 to 24 hours prior to postmortem.
(3.) CONTINUING the investigation, P.W.11 recovered bloodstained earth and sample earth from the place of occurrence in the presence of witnesses. On 15.11.2002, he arrested all the five accused at 3.00 p.m., at Punnaiyapuram west Munthal forest Karpaga Nachiyar Amman koil. On such arrest, in the presence of P.W.6, the first accused gave a voluntary confession. In which, he disclosed the place, where he had hidden the aruval. Then, all the five accused took the police, at 3.15 p.m., to Samuthrakula karai Ayyanar samy koil from where the first accused produced an aruval (M.O.6). Similarly, the second accused produced another aruval M.O.7. The third accused produced yet another aruval M.O.8. P.W.11 recovered these weapons under mahazar. Then, he returned to the police station with the accused and the properties. He forwarded the accused for judicial remand and handed over the material objects to the Court. He examined few more witnesses including P.W.5. P.W.5, who has spoken to about the motive. Since he was transferred at that stage, he handed over the investigation to P.W.12.;