- (1.) THERE were totally 20 accused. Only A1 and A2 were convicted and other accused have been acquitted. Challenging the conviction under Section 302 read with 34 I. P. C. , A1 and A2 have filed this appeal.
(2.) THE short facts leading to the conviction are as follows: (a) Both the parties belong to the same village. The accused belong to Vellala Community and the deceased party belong to Vanniar Community. (b) On 13. 6. 1999 at about 9. 00 a. m. , P. W. 1 Rama Gounder along with others went to Koneri Perumal Temple and found that except main deity, the other idols were missing. When they enquired the Poojari, P. W. 4 Venkatesan, he stated that the idols are at the temple house at Panangattur. Therefore, P. W. 1 Rama Gounder and P. W. 4 Venkatesan proceeded to the temple house and found that the door was locked. (c) On coming to know that the key was in the custody of A1 Rajamanickam, they waited till the arrival of A1. After some time, A1 came. Then, P. W. 1. , PW. 4 and others asked A1 to give the key. However, he refused to give the same. P. W. 1 and others returned to the place. (d) They again went at 3. 30 p. m. and asked A1 to hand over the idols. This time also, A1 refused stating that already the matter is pending in the Civil Court. Then, the quarrel ensued. At that time, A1 Rajamanickam pushed P. W. 6 Rajeswaran and fisted his hand. The deceased Pottu @ Pottu Ramasamy, the father of P. W. 2 Jeyapal and P. W. 3 Gunasekaran questioned A1 as to why he was refusing to give the idols belonging to the temple. A1 abused him. Then, the deceased asked the other people to forcibly take the idols from the house. Then, A1 fisted the deceased with his hands. Thereafter, A2 Rajendran beat the deceased on the back of the head with a stick. Similarly, A1 also took a stick and beat on the head of the deceased. One Selvaraj also threw stones on the deceased and others along with the other accused. The deceased on sustaining injuries fell down on the ground. P. W. 2 Jeyapal, son of the deceased also sustained injury. P. W. 3 Gunasekaran, another son took steps to send him to the hospital in Ambassador car. He was admitted in Jalakandapuram Government Hospital. (e) In the meantime, P. W. 1 went to the police station and gave the report Ex. P1 to P. W. 12, the Inspector of Police, Jalakandapuram Police Station at 9. 30 a. m. The case was registered in Crime No. 314 of 1999. (f) P. W. 8 Doctor treated the deceased and then referred him to the other hospital. Then, the deceased was taken to a private hospital where P. W. 9 Doctor treated him at about 10. 30 a. m. (g) In the meantime, A1 and others also came to the police station and gave a report to P. W. 12 which was registered in Crime No. 315 of 1999 against the deceased and other witnesses for various offences including Section 307 I. P. C. (h) Then, P. W. 12 went to the scene of occurrence and observed all the formalities. He prepared the observation mahazar and rough sketch. He examined all the witnesses. (i) Subsequently, P. W. 13, the Inspector of Police, who is the successor, took up further investigation. (j) The deceased was treated by P. W. 9 Doctor till 14. 9. 1999. Then, he was discharged. On 17. 9. 1999, he was taken to the Government Hospital, Salem as his condition was critical. Then, P. W. 10 Doctor examined and found him dead. (k) The death intimation was received by P. W. 13. The case was altered into one under Section 302 I. P. C. He conducted inquest and examined all the witnesses. (l) The post-mortem certificate was issued by P. W. 10 Doctor giving opinion that the death was due to the injury on the head. (m) After completion of the investigation, P. W. 13 filed the charge sheet in the case which was registered on the complaint given by P. W. 1 and referred the counter complaint given by A1. (n) During the course of trial, on the side of prosecution, P. W. 1 to P. W. 13 were examined and Exs. P1 to P15 were filed. (o) When the accused were questioned under Section 313 Cr. P. C. , the plea of the accused is one of total denial. On behalf of the defence, D. W. 1 and D. W. 2 were examined and Exs. D1 to D4 were filed. (p) The trial Court, however, accepted the case of the prosecution and convicted A1 and A2 alone and acquitted all the other accused. Assailing the same, this appeal has been filed by A1 and A2.
(3.) WE have heard Mr. V. Gopinath, the learned senior counsel appearing for the appellants. He took us through the entire evidence and point out various infirmities found in the prosecution case.;