R.MALA, J. - (1.) THESE criminal appeals are arising out of the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge/Fast Track Court, Dindigul, in S.C.No.37 of 2009 dated 08.02.2011, whereby, the 2nd appellant in Crl.A.(MD) No.67 of 2011/A3 was convicted for the offence under Sections 324 I.P.C. and sentenced to undergo three years rigorous imprisonment for the said offence and the appellants 1, 3 and 4 in Crl.A.(MD) No.67 of 2011/A3 to 5 and the appellant in Crl.A.(MD) No.79 of 2011/A1 were convicted for the offences under Sections 148 and 302 read with 149 I.P.C. and each of them sentenced to undergo three years rigorous imprisonment for the offence under Section 148 I.P.C. and life imprisonment and to pay a fine of Rs.1000.00 each for the offence under Section 302 read with 149 I.P.C. in default in payment to undergo three month simple imprisonment.
(2.) THE respondent police filed a charge sheet against the appellants in both the appeals for the offences under Sections 148, 302, 302 read with 149, 326, 326 read with 149 I.P.C. stating that on 07.07.2006 at about 10.45 p.m., in front of the shop of one K.Seerappan, situated at North Car Street in Dindigul town, due to previous enmity, with a common intention to commit murder, assaulted the deceased and other prosecution witnesses and murdered the deceased and caused injuries to the prosecution witnesses and thereby, they committed the offences as stated above. The learned Sessions Judge, after following the procedures, framed necessary charges against the accused. Since all the accused pleaded not guilty, in order to prove the charges against the accused, the prosecution has examined P.Ws.1 to 20 and marked Exs.P1 to 27 and M.Os.1 to 8.
(3.) THE case of the prosecution is as follows: (a) P.Ws.1,2,3,5,6,8 and 12 are members of a Trade Union viz., A.I.T.U. The accused party belong to C.I.T.U. They fixed certain areas for carrying out their loading and unloading work. It is an admitted fact that the place of occurrence viz., the shop of one Seerappan is situated within the area of the accused party, where they were authorised to carry out their work. (b) On the fateful day, on 07.07.2006, when P.W.1, P.W.2 James, deceased Prakash, P.W.3 Palanichamay, Mani and one Selvam were loading Sunflower Seeds in an Eicher Lorry, the accused party came there and questioned them as to how they could load sunflower seeds within their area and entered into a quarrel and at that time, A1 stabbed the deceased Prakash with a knife on his left side abdomen and A4 assaulted the deceased on both sides of his shoulders and when that was prevented by P.W.1, A3 assaulted him and he sustained injury in his right little finger. P.W.2 James was assaulted by A2 below his left knee and that was prevented by P.W.3 and at that time, A5 assaulted P.W.3 with an iron pipe on his left shoulder. Thereafter, P.W.8 Arul took all the injured persons to the Government Hospital, Dindigul. (c) P.W.15 Dr.Vaiyapuri treated P.W.1 on 07.07.2006 at 11.30 p.m. and issued Ex.P10 copy of Accident Register. He found the following injury: 1. Incised wound over proximal part of palmar aspect of right little finger 1 x ï¿ 1/2 x ï¿ 1/2 cm. (d) Then, P.W.17 Thangam, Sub Inspector of Police, received intimation as to the occurrence and rushed to the hospital at 11.25 p.m. on 07.07.2006 and recorded the complaint Ex.P1 from P.W.1 and rushed to the police station and registered a case in crime No.633 of 2006 for the offences under Sections 147, 148, 307 I.P.C. and prepared Ex.P17, printed F.I.R. and forwarded the same to the concerned Judicial Magistrate and P.W.20 Inspector of Police. (e)P.W.20, Thangavel, Inspector of Police received copy of Ex.P17, F.I.R on 08.07.2006 at 00.30 hours and took up the matter for investigation. He examined P.Ws.1 to 3 and recorded their statements. At 6.00 a.m., he went to the scene of occurrence and inspected the scene of occurrence in the presence of P.W.4 Thangaraj and one Hanifa and prepared Ex.P2, Observation Mahazer and drew rough sketch Ex.P23. At 7.15 a.m. he seized M.O.1 series, sunflower seeds under Ex.P3 athatchi in the presence of the same witnesses. At 11.30 a.m., he arrested A5 near common toilet situated at Murugabhavanam-Muthazhagupatti road, in the presence of P.W.5, Sekar and one Manikandan. At that time, A5 gave a confession statement and the admissible portion of his confession statement is Ex.P4. In pursuant to the same, A5 handed over M.O.2 iron pipe, which was seized under Ex.P5, athatchi in the presence of the same witnesses and he sent the accused for judicial custody. On 09.07.2006, at about 10.30 hours, he went to Rajaji hospital and examined witnesses Jeyaseelan and Marimuthu. He seized M.O.3, bloodstained shirt and M.O.4 bloodstained lungi belonged to injured Prakash from P.W.7 Chinnapparaj, son of the injured/deceased Prakash under Ex.P6, seizure mahazer and he examined the witnesses and recorded their statements. (f)On 13.07.2006 at 7.15 a.m., P.W.20 received the intimation that injured Prakash died and on receipt of the death intimation, he altered the offences from under Sections 147, 148 and 307 I.P.C. into one under Sections 147, 148, 307 and 302 I.P.C. and prepared alteration report Ex.P.24 and sent the same to the concerned Judicial Magistrate. From 09.30 a.m. to 11.30 a.m., he conducted inquest on the dead body of the deceased, in the presence of witnesses and panchayatdars and prepared Ex.P.25, inquest report. After inquest, he sent the body for autopsy along with requisition under Ex.P.18. (g) PW.11, Doctor.Alavudeen, attached to the Government Rajaji Hospital, Madurai, received Ex.P18 and conducted post-mortem at 12.15 p.m. on the dead body of the deceased Prakash and found the following external and internal injuries. "The following ante-mortem injuries noted on the body:- 1. Partially sutured stab wound 2 x ï¿ 1/2 cm x muscle deep noted on left shoulder. 2. Partially sutured stab wound 2 x ï¿ 1/2 cm x muscle deep noted 2 cm above left collar bone. 3. Partially sutured stab wound 3 x ï¿ 1/2 cm x muscle deep noted on outer aspect middle of left forearm. All the above wounds passes along the muscle plane. 4. Sutured stab would 3 x ï¿ 1/2 cm x cavity deep noted on middle quadrant of left side of abdomen. On dissection:- The wound passes downwards, inwards entering the jejunum. That part is removed surgically and anastomosed end to end. There are two tears in the mesentery measuring 2 cm x linear x through and through which are also sutured. These shows surrounding bruising. NB: All the above wounds have one end pointed and other end curved. The following surgical wounds noted: 1. Drainage wound on both flanks. 2. Laparotomy wound noted on the middle of the abdomen. Other findings: Peritoneal cavity Peritoneum is muddy containing 20 ml. of serosarguinous fluid. Pleural cavities empty. Pericardium contains 15 ml of straw color fluid. Heart right side fluid blood. Left side empty. Coronory Patent. Lungs Cut section congested showing patchy areas of bilateral basal consolidation. Liver, Spleen and Kidneys Cut section congested. Larynx and trachea Normal. Hyoid bone intact. Stomach Contain 100 ml of mucosal fluid. Nil specific smell. Mucosa Normal. Small intestine Contains 20 ml. of bile stained fluid. Nil specific smell. Mucosa Normal. Bladder Expty. Brain Surface vessel and cut section congested. Opinion: The deceased would appear to have died of stab injury in abdomen and the complications thereof. He has issued Post-mortem Certificate Ex.P.19. P.W.20 examined some other witnesses and recorded their statements. (h) On 19.07.2006, at about 3.00 p.m., P.W.20 arrested A2 Antonysamy @ Antony in the presence of P.W.13 John Peter and P.W.14, Paramasivam. At that time, A2 gave a confession statement and the admissible portion of his confession statement is marked as Ex.P.9 and on that basis, A2 handed over M.O.7 Knife, which was seized under Ex.P15 seizure mahazer at 4.15 p.m. On 27.07.2006, A3 Jeyaraj was surrendered before the learned Judicial Magistrate, Usilampatti and P.W.20 took steps to get police custody of A3. On enquiry, A3 gave a confession statement, which was recorded in the presence of P.W.16, John Ponraj, Village Administrative Officer and one Muthiah, Village Assistant. The admissible portion of his confession statement is marked as Ex.P11. In pursuance of that, A3 handed over M.O.8 Knife and the same was seized under Ex.P16 seizure mahazer. On 31.07.2006, he came to know that A1 Sebasthiyar and A4 Velankanni @ Arockiadoss were surrendered before the learned Judicial Magistrate, Salem. P.W.20 took them on police custody. On enquiry, A1 gave a confession statement, which was recorded in the presence of P.W.16 and Muthiah and the admissible portion of the confession statement has been marked as Ex.P13. In pursuant to that, A1 handed over M.O.5, Knife and the same was seized under Ex.P.12. seizure mahazer. On enquiry, A4 gave a confession statement, which was recorded in the presence of P.W.16 and Muthiah and the admissible portion of his confession statement has been marked as Ex.P14. In pursuance of that, A4 handed over M.O.6 Knife and the same was seized under Ex.P.12 seizure mahazer. Thereafter, he sent the material objects to the concerned Court under Form 95. (i) On 25.08.2006 P.W.20 gave a requisition under Ex.P20 to the learned Judicial Magistrate No.2, Dindigul, for forwarding the material objects for chemical examination, in turn, the material objects were forwarded to the Forensic Department under Ex.P.27, covering letter of the Judicial Magistrate. After chemical examination, the Court received Ex.P21 biological report and Ex.P22 Serological report. (j) After examining other witnesses and recording their statements, PW.20 completed the investigation and filed final report on 10.10.2006 for the offences under Sections 148, 302, 302 read with 149, 326 read with 506(ii) I.P.C. against all the five accused. ;