M.Sathyanarayanan, J. - (1.)The Reference in R.T.No.3 of 2017 is made by the Court of Principal District and Sessions Judge, Tiruppur under Section 366 of the Code of Criminal Procedure [in short "CrPC"] seeking confirmation of capital punishment imposed upon A1- Chinnasamy, A4-Jagatheesan, A5-Manikandan, A6-Selvakumar, A7-Kalaithamilvaanan and A8-Mathan @ Michael, vide judgment dated 12.12.2017 made in Spl.S.C.No.19/2016 [PRC.No.7/2016 on the file of the Judicial Magistrate No.I, Udumalpet in respect of Crime No.194 of 2016 on the file of Udumalpet Police Station]. The Trial Court acquitted A2-Annalakshmi, A3-Pandithurai and A10-Prasanna @ Prasannakumar of the charges framed against them and challenging the impugned judgment of acquittal, the State has preferred Crl.A.No.183 of 2018. Aggrieved by the conviction and sentence awarded by the Trial Court, A1 has filed Crl.A.No.162 of 2018, A4 to A8 have filed Crl.A.No.163 of 2018, A9 has filed Crl.A.No.164 of 2018 and A11 has filed Crl.A.No.165 of 2018.
(2.)The Trial Court, vide impugned judgment dated 12.12.2017 had charged, tried and convicted, A1, A4 to A8,A9 and A11 as follows:
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The sentences are ordered to run concurrently. The remand period already undergone by A1, A4 to A9 and A11, were ordered to be set off under Section 428 CrPC.

(3.)Facts leading to this Referred Trial as well as the Criminal Appeals filed by A1, A4 to A8, A9 and A11 relevant for the disposal of these cases, briefly narrated, are as follows. This Court, for the sake of convenience and for better understanding, is adopting the array of accused as per the impugned judgment of the Trial Court.
3.1 A1 and A2 are parents of PW1- Kowsalya and they belong to Hindu Piraimalai Kallar Community, which is a Denotified Community [DNC]. PW1 was studying Computer Science Engineering in P.A. College of Engineering at Pollachi. The deceased - Shankar was studying Mechanical Engineering Final Year in the same College and he belongs to Hindu Pallar Community, which is a Scheduled Caste [SC] Community.

3.2 PW1 and Shankar / deceased started loving each other. The parents of PW1, namely A1 and A2 became aware of the said love affair and therefore, asked PW1 not to attend the college. PW1 disclosed this fact to the deceased and he told her to come out of her parental home for the purpose of getting married and accordingly, PW1 came out of her parental home on 11.07.2015 and stayed in the friend's house of the deceased/Shankar at Thali. According to PW1, she and Shankar got married at Paadhavinayagar Temple at Palani on 12.07.2015 by exchanging garlands.

3.3 PW1 and Shankar, apprehending trouble on account their inter-caste marriage, gave a petition for protection under Ex.P1 dated 12.07.2015. before the All Women Police Station, Udumalpet. The parent of PW1, namely A1 and A2 came to the said police station for the purpose of enquiry and so also the father of Shankar/deceased and his relatives. The police officials attached to AWPS, Udumalpet caused enquiry and Shankar/deceased gave a letter under Ex.P2 dated 12.07.2015 stating that he will take care of his wife/PW1, in which the father of Shankar/deceased, namely Velusamy and one Varadharajan, President of Komaralingam Village Panchayat had subscribed their signatures. PW1 also gave a petition under Ex.P3 dated 12.07.2015 to the Inspector of Police, AWPS, Udumalpet, not to take further action against her parents and in the said petition, neighbours of Shankar/deceased, namely Tvl.Senthilkumar, Anbazhagan, P.Balasubramanian and another had subscribed their signatures.

3.4 During the course of enquiry, A2 / mother of PW1, grandmother of PW1 and her two aunts told PW1 that it is not possible to live with Shankar/deceased, who belongs to Scheduled Caste community and the marriage is also not valid and therefore, asked her to come with them. PW1 refused to heed to their advise and insisted that she will live only with Shankar. A2 / mother of PW1 asked PW1 asked to return the jewels worn by her and accordingly, she returned the same to her parents.

3.5 PW1 resided with Shankar in her matrimonial home at Komaralingam as husband and wife for about 8 months. Maternal grandfather of PW1/ DW2, namely Jayaraman, after two weeks of marriage, came to the matrimonial home of PW1 and told her to forget the past and he will workout compromise and also took PW1 and Shankar to a nearby market and bought them new dresses and snacks. PW1 and Shankar returned to their home at Komaralingam and her grandfather left his Scooty two-wheeler with them. On the next day at about 11.00 a.m, DW2 came to the matrimonial home of PW1 and at that time, PW1, Paternal Uncle's daughter of Shankar, namely Maariatha and father of Shankar, namely Velusamy were present and her grandfather developed chest pain and therefore, PW1 took him along with Maariatha in the Scooty two-wheeler to hospital.

3.6 DW2 took treatment in a private hospital at Madathukulam and after treatment, while they were returning, PW1 saw an Indigo Car. A1, A2 and friend of A1, namely Kalidhas alighted from the car and anticipating some trouble, PW1 started running and she was chased and forcibly put inside the case and she was taken to the house of her junior mother, namely, Revathi at Dindigul. It is the version of PW1 that they forcibly removed her Mangalasutra "Thali", "Metti" and the dress worn by her and put it in fire and they also poured water on her by telling that there is no relationship between her and Shankar and however, PW1 insisted that she will live with Shankar only. PW1 was taken to various places and some black-magic was also performed to erase her memory about Shankar. A3, namely Pandithurai came to Dindigul and told the parents of PW1 that in the light of her conduct, she should not be left alive and she would be a bad example and it may be followed by his children also.

3.7 Shankar has also lodged a complaint on 24.07.2015 as to the missing of his wife from 23.07.2015. PW36, who was the Circle Inspector of Madathukulam Police Station, has registered a case in crime No.320/2015 for "Women Missing", marked as Ex.P39. PW1 had voluntarily appeared and after recording her statement, she was sent with Shankar and her relatives and in respect of the said complaint, final report was filed under Ex.P40 before the Judicial Magistrate No.II, Udumalpet.

3.8 Even prior to the said incident, on 11.07.2015, A1 also lodged a complaint alleging that Shankar had kidnapped her daughter and based on the said complaint, a case in Crime No.647/2015 under Ex.P35, was registered on the file of Palani Town Police Station for the alleged commission of offence under Section 366 IPC. PW35 was the Station House Officer of the Palani Town Police Station, who took up the said case for investigation and PW1 appeared before him on 13.07.2015 and gave a statement that no one had kidnapped her and she married Shankar by way of love marriage. PW1 was produced before the Judicial Magistrate Court, Palani and the said Court permitted PW1 to go with Shankar on her own volition and therefore, the said enquiry was closed and the Final Report was filed before the said Court, which was marked as Ex.P38.

3.9 PW1 continues to have apprehension that her relatives continuously followed her and prevailed upon her to break the marital relationship and A3 also came near to her house and noted the surroundings. Shankar told PW1 that they can go to Udumalpet to buy new dresses for the reason that the College Annual Day function is slated to be held on 14.03.2016. Accordingly, PW1 and Shankar proceeded to Udumalpet by bus at about 12.00 noon on 13.03.2016 and they bought new dresses in Super Collection Shop owned by PW50 and they were proceeding towards Udumalpet bus stand and both of them were waiting at Palani to Pollachi road in front of Eswari Departmental Store, owned by PW7 at around 2.15 p.m. on 13.03.2016.

3.10 At that time PW5 started attacking Shankar with Aruval Knife on the rear side of the neck and pulled him back and pushed him. A6 repeatedly cut Shankar with Aruval. A8, who was wearing helmet, attacked PW1 by inflicting cut injury on her head and pushed her down. A4, A6 and A8 repeatedly attacked Shankar by inflicting cut injuries and he fallen down. Thereafter, A5, A6 and A7 repeatedly cut Shankar. A4 and A6 also inflicted cut injuries upon PW1. A4 and A6, while attacking Shankar, also castigated him by using his caste name. A4 also attacked PW1 by uttering a word to get rid of the world. All the assailants went in two wheelers with their weapons under the impression that both of them are dead.

3.11 A9, who was standing nearby, was a member of the unlawful assembly and he also took steps to prevent the deceased and PW1 not to escape from the attack. A10 was waiting in a motor cycle to facilitate the escaping of the assailants. A11 had harboured the assailants by giving accommodation in his house and facilitated their abscondence.

3.12 PW49 - Ambulance Driver, took PW1 and Shankar in the Ambulance at about 2.15 p.m. on 13.03.2016 on an intimation from the owner of the Ambulance, namely Karuppusamy as to the assault inflicted and took them to Government Hospital at Udumalpet.

3.13 PW44 was the Assistant Surgeon attached to Udumalpet Government Hospital and both PW1 and Shankar found to be conscious and they had sustained injuries. PW1 told PW44 that she and her husband Shankar were attacked by some persons at about 2.15 p.m. on 13.03.2016 at Udumalpet Bus Stand and thereby they sustained serious injuries. Shankar also told PW44 the same thing. PW44 having noted that both of them had sustained serious injuries, gave First Aid and referred them to Coimbatore Medical College Hospital [CMCH], Coimbatore for further treatment.

3.14 PW1 and Shankar were taken from Udumalpet Government Hospital to Coimbatore Medical College Hospital by PW49 and on reaching the said hospital at around 4.00 p.m., Shankar was examined by a Doctor and was declared dead. PW1 was admitted for further treatment as in-patient in the said hospital between 13.03.2016 and 28.03.2016.

3.15 PW51 was the Head Constable attached to Udumalpet Police Station and at about 3.00 p.m. on 13.03.2016, while he was on duty, received an information/intimation from the Government Hospital at Udumalpet as to the sustainment of injuries by a male and a female and he immediately proceeded to the said hospital, wherein he was informed that both the injured were referred to Coimbatore Medical College Hospital, Coimbatore for further treatment. PW51 returned to the Udumalpet Police Station at 3.30 p.m. and informed the same to PW52-Head Constable about the same. PW51 was asked to come to the Coimbatore Medical College Hospital on 14.03.2016 and he reached the said hospital at 12.30 p.m.

3.16 PW54 was the Inspector of Police, Law and Order, attached to Udumalpet Police Station and he received a telephonic information at about 3.50 p.m. on 13.03.2016 through PW52 as to the demise of Shankar and sustainment of grievous injuries by PW1. Immediately, PW54 proceeded to the Coimbatore Medical College Hospital and recorded the statement of PW1 under Ex.P4 and at about 4.00 p.m. returned to the police station and registered a case in Crime No.194 of 2016 under Sections 147, 148, 307, 302 and 109 IPC and under Section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The printed F.I.R was marked as Ex.P66. PW54 dispatched the original of Ex.P4 and Ex.P66 through PW53, who was the Head Constable, Udumalpet Police Station, to the Court of Judicial Magistrate No.I, Udumalpet and also dispatched the copies to the Deputy Superintendent of Police, Udumalpet for further investigation.

3.17 PW67 / Investigation Officer was the Deputy Superintendent of Police, Udumalpet and upon receipt of the FIR under Ex.P66 from PW54, commenced the investigation and also in terms of the proceedings of the Superintendent of Police, Tiruppur District dated 13.03.2016 marked as Ex.P102 and upon receipt of the said information at 7.25 a.m. on 13.03.2016, he proceeded to the Scene of Crime.

3.18 PW67, in the presence of PW6 and Kapilan had observed the Scene of Crime and prepared Observation Mahazar, marked as Ex.P6 as well as Rough Sketch, marked as Ex.P103 and also collected Blood Stained Earth and Sample Earth [M.Os.15 to 18] in the presence of very same witnesses under Mahazar / Ex.P7 at about 8.30 p.m. on 13.03.2016. The said material objects were also dispatched to the Jurisdictional Magistrate Court under Form 91, marked as Ex.P104.

3.19 PW67, on the very same day on 13.03.2016, had examined the eye-witnesses, namely PW2-Auto Driver, PW3-Fruit Merchant and witnesses to the Observation Mahazar, namely PW6 and Kapilan and recorded their statements. PW67 proceeded to the Coimbatore Medical College Hospital and examined PW1, who was admitted as inpatient at about 1.30 a.m. on 14.03.2016 and recorded her statement. PW67 searched for A1 to A3 and proceeded to Ottanchachiram, Palani and found that they had absconded.

3.20 PW67 went to the Coimbatore Medical College Hospital and conducted inquest on the body of the deceased at about 9.00 a.m. on 14.03.2016 in the presence of Panchayatdars and prepared Inquest Report, marked as Ex.P105. PW67 sent a requisition for conducting autopsy on the body of the deceased / Shankar to the Professor and Police Surgeon, Coimbatore Government Medical College Hospital through PW51 - Head Constable at about 12.30 p.m. on 14.03.2016.

3.21 PW67 also seized the cloth worn by the deceased, marked as M.Os.9 to 11 and sent it through Form 91 to the jurisdictional Magistrate Court, marked as Ex.P64 and also recorded the statement of PW51/Head Constable, who took the body of the deceased along with the requisition for postmortem.

3.22 PW45 was the Tutor in Trauma and Doctor working in Coimbatore Medical College Hospital and he has also treated PW1, who was admitted as inpatient and issued the Wound Certificate and also stated about taking X-Ray and CT Scan and gave the information that the injuries upon PW1 might have caused by M.Os.1 to 5.

3.23 PW51 - Head Constable submitted the requisition for conducting autopsy on the body of Shankar to PW46, Senior Civil Surgeon attached to Medical Legal Department, Coimbatore Medical College Hospital, who upon receipt of the said requisition, commenced postmortem at 12.45 p.m. on 14.03.2016 and noted the following features:

"The following ante mortem injuries noted over the body:

1) Transversely oblique cut wound 20x5x6 cm bone deep noted over right side neck extending from 1 cm below to the chin at the level of midline and passes laterally up to mastoid and occipital region 4 cm back to right ear lobe. Both ends are sharpened and both margins are regular. On dissection, medially the wound cutting the underlying muscle, vessels, nerves and partially cutting the underlying C-4 vertebra and laterally the wound cutting the muscle, vessel, nerves and cutting the right mastoid and occipital bone enter into the cranial cavity.

2)Transversely oblique cut wound measuring 4x2 cm x muscle deep noted on upper border of the wound no 1, 3 cm back to medial end of wound no 1. The wound passes medially, backward and merged with the wound no 1. On dissection, the wound cutting the underlying muscle, vessel and nerves.

3)Transversely oblique cut wound measuring 5x2 cm x muscle deep noted on right side neck muscle just below to inferior border of wound no 1. The wound passes medially and merged with the wound no 1.On dissection, the wound cutting the underlying muscle, vessel and nerves.

4)Transversely oblique cut wound 8x1x3 cm muscle deep noted over right side neck, 0.5 cm below and parallel to the wound 1. On dissection the wound cutting the underlying muscle, vessel and nerves.

5)Transversely oblique cut wound 6x1x1 cm noted over right side mastoid region, 1 cm above to the lateral end of wound no 1. On dissection the wound cutting the underlying muscle, vessel, nerves and partially cutting the mastoid bone.

6)Transversely oblique cut wound 5x1 cm x muscle deep noted over middle of front of neck. Both ends are sharpened. On dissection the wound cutting the underlying muscle, vessel, and nerves.

7)Incised wound 5x0.25x0.25 cm noted over the body of mandible on right side.

8)Incised wound 9 x 1 cm x muscle deep noted over outer aspect of right elbow and forearm.

9)Transverse cut wound 7x2 cm x muscle deep noted over back of right mid forearm, both ends are sharp and margins are regular. On dissection the wound cutting the underlying muscle muscle, vessels and nerves.

10)Transversely oblique cut wound 7x4 cm x bone deep noted over outer aspect of right forearm, 8 cm from right wrist. On dissection the wound cutting the underlying muscle, vessel,nerves and completely cutting the underlying ulna.

11)Transversely placed cut wound 7x4 cm x bone deep and over right forearm, 5 cm from the right wrist. On dissection the wound cutting the underlying muscle, vessel, nerves and both bones of forearm found completely cut in two pieces.

12)Stab wound 3x1x4 cm noted over inner aspect of left forearm. The upper end is cm below the elbow and the lower end is 8 cm above the wrist. Both ends are sharpened. On dissection the wound passes inwards, downwards and cutting the underlying muscle, vessels and nerves.

13)Stab wound 3x1x3 cm noted over inner aspect of left forearm, the upper end is 9 cm below to olecranon process and the lower end is 13 cm above the wrist. On dissection the wound passes inwards, upwards and cutting the underlying muscle, vessels and nerves.

14)Punctured wound 1x0.5x0.5 cm noted over left deltoid region.

15)Stab wound 2x1x3 cm noted over back of right side lower chest. The inner end is 8 cm from the midline and the outer end is at posterior axillary line. Both ends are sharpened and margin regular. On dissection the wound passes inwards, downwards and cutting the underlying muscle vessels and nerves.

16)Cut wound noted over left index, middle and ring finger at the level of mid phalynx. On dissection the wound cutting the left index and middle finger completely and hanged over the ....of skin and partially cutting the left ring finger at the level of 1st inter phalangeal joint measuring 2x1 cm x bone deep.

17) Left great tow nail found avulsion.

18)Incised wound 12x0.25x0.25 cm noted over right shoulder and deltoid region.

19)Incised wound 7x0.5x0.25 cm noted over mid and outer aspect of right arm.

20)Incised wound 5x0.25x0.5 cm noted over top of right shoulder.

21)Incised wound 1x1.5x0.25 cm noted over top of right shoulder.

22)Incised wound 1x0.25x0.25 cm noted over top of right shoulder.

23)Incised wound 21x0.5x0.5 cm noted over lateral aspect of right lateral chest and abdomen.

24)''+''; shaped transversely incised wound 10x0.5x0.5 cm and vertically 8x0.25x0.25 cm noted over right lower chest.

25) Incised wound 6x0.25.0.25 cm noted over left scapular region.

26) Incised wound 2x0.25x0.25 cm noted over right forehead.

27) Incised wound 6x0.25x0.25 cm noted over right side neck.

28) Reddish abrasion 1x0.25 cm noted over left forehead.

29) Reddish abrasion 1x0.25 cm noted over left forehead close to eye.

30) Reddish abrasion 0.5x0.5 cm noted over right forehead.

31) Reddish abrasion 0.5x0.25cm noted over left cheek close to ear.

32) Reddish abrasion 1x0.5 cm noted over right jaw.

On dissection of Scalp, Skull and Dura: Sub scalpal contusion noted around the wound no.I

Diffuse sub dural and sub arachnoid hemorrhage seen over entire brain.

Note:Blood clots noted on the all the above wounds.

PW46 opined after conclusion of autopsy that the deceased would appear to have died of shock and hemorrhage due to multiple cut and stab injuries and the death would have occurred 12 to 24 hours prior to autopsy. The Postmortem Certificate was marked as Ex.P57. PW46 also gave the Final Opinion, marked as Ex.P58, stating that the viscera of the deceased does not contain any poison.

3.24 PW67 continued with the investigation and examined the father of the deceased, namely Velusamy, younger brother of the deceased / PW9, Gopal, Murugan and Kathiresan separately and recorded their statements. During the course of enquiry, PW67 became aware of the fact that the deceased belong to Scheduled Caste Hindu Pallar Community and the girl he married, belongs to Piramalai Kallar Community and they developed love affair during their studies at P.A. College of Engineering at Pollachi and got married during July, 2015 against the wish of their parents and despite insistence by A1 to A3, PW1 came out of the matrimonial home and she failed to acceded to their said request and enraged by the same, they engaged the services of the assailants and committed the offences.

3.25 PW67 proceeded to the Scene of Crime, which is just opposite to Eswari Departmental Store and recorded the statement of Ibrahim-PW13, Marimuthu, Sundaram and Karuppasamy and also forwarded M.Os.9 to 11 for forensic analysis.

3.26 PW67, while continuing with the investigation on 15.03.2016, had received wireless message as to the apprehension of the suspected accused, namely A4 and A5 by LW118 -Mr.Venkataraman, Inspector of Police, Crime, Udumalpet Police Station and proceeded to Pethampatti, temporary check-post and about 7.45 a.m. on 15.03.2016, had enquired A4 and A5 and at about 8.00 a.m., effected their arrest. PW67 also availed the services of PW12-Village Administrative Officer and Village Menial, namely Vijayakumar by contacting through mobile phone and they also came to the spot. A4 was examined by PW67 in the presence of the said witnesses. A4 voluntarily came forward to give confession statement and it was typed by using computer and got the signature of the said witnesses in the confession statement. The admissible portion of the confession statement of A4 was marked as Ex.P16.

3.27 A4 had admitted that he got Rs.50,000/- from A1 and after spending a sum of Rs.5,000/-, he took Rs.24,000 and gave Rs.20,000/- to A6 and also disclosed the place wherein he has concealed the bloodstained clothes of A6 and A5 as well as the 3 knives used by them. A4 had also stated that all the assailants proceeded to the house of A11 and told about the happenings and A11 also agreed to them and further deposed that he will identify the place where he has concealed Rs.24,000/- as well as Black ColourPulsor Motorcycle bearing Reg.No.TN57-AZ-2340 [M.O.12], clothes and knives.

3.28 PW67, in the presence of PW12 and another, examined A5/Manikandan. A5 voluntarily came forward to give a confession statement and it was recorded in the presence of PW12 and another, who subscribed their signatures and as per the admissible portion of the confession statement marked as Ex.P18, he has identified the place wherein he has concealed the shirt, towel and knives used for the commission of offences. A4 took a sum of Rs.24,000- [M.O.3 series] kept inside the pocket as well as M.O.12 and those articles were recovered underMahazar/Ex.P17 at 10.30 a.m. on 15.03.2016.

3.29 PW67 took A4, A5, PW12 and another and went to PAP Canal, wherein, he recovered Green Colour Shirt [M.O.24], blood stained knife worn by A5, Maroon colour shirt [M.O.26], Saffron colour towel [M.O.27] and blood stained knife [M.O.2] measuring 65.5 cm and A4 handed over yellow and black big checkered full hand shirt of A6 [M.O.25], knife [M.O.3] measuring 51.5 cm concealed under the sluice and seized those articles under Ex.P19 / Mahazar at about 11.15 a.m. on 15.03.2016 in the presence of witnesses and obtained their signatures.

3.30 PW67, on receipt of secret information, mounted surveillance near railway gate situated in the road from Udumalpet to Anaimalai and found A6, A8 and A11 at about 12.15 p.m. who came in an unregistered Bajaj Discover Motorcycle [M.O.13] and effected their arrest. PW67 examined A6 in the presence of PW11 and his menial Chockalingam. A6 voluntarily came forward to give confession statement and as per the admissible portion of the confession statement marked as Ex.P12 dated 15.03.2016 and it was recorded by using computer and as per the admissible portion of the confession statement, he undertook to produce black and yellow checkered full hand shirt worn by him as well as the knife used for the commission of offences.

3.31 A8 also voluntarily came forward to give confession statement and it was recorded by using computer and he undertakes to produce the shirt worn by him as well as blood stained knife which was hidden in a bush near Sadayapalayam Pirivu in Mukkonam to Anamalai Road and his admissible portion of the confession statement was marked as Ex.P13.

3.32 A11 also voluntarily came forward to give confession statement and it was recorded at 2.30 p.m. on 15.03.2016, wherein he has disclosed the fact of giving asylum in his house and as per the admissible portion of the confession statement, marked as Ex.P14, he undertakes to identify the house in which he gave asylum to the assailants and sum of Rs.20,000/- given by A6 [M.O.21] and unregistered Bajaj Pulsor motorcycle [M.O.13] and they were recovered under Mahazar/Ex.P11 in the presence of witnesses. At about 5.00 p.m. on 15.03.2016, the blood stained knife [M.O.4] used by A8 as well as Blue Orange Wooden colour Full Hand Shirt [M.O.22] were produced by A8 and they were recovered under Mahazar/ Ex.P15 in the presence of the said witnesses.

3.33 PW67 effected the arrest of A4, A5, A6, A8 and A11. A6 identified the place where he has concealed the material objects and all of them were sent to the police station. PW67 took photographs of the assailants separately by using camera and the photographs were taken by police photographer and two sets of photographs were printed.

3.34 PW67 altered the provisions of law to Sections 147, 148, 307, 302, 109, 212 IPC and 3(2)(va) of SC/ST Act, 2015. The Alteration Report was marked as Ex.P106. PW67, before effecting photographs, asked A4, A5, A6, A8 and A11 to wear the clothes worn by them at the time of commission of offences and took photographs. The photographs of A4, A5, A6 and A8 were marked as Exs.P37, P38, P39 and P40 series respectively. PW67 recorded the statements of PW12/VAO, Vijayakumar, Easwaran and Chokalingam separately.

3.35 On 16.03.2016, PW67 had produced A4, A5, A6, A8 and A11 before the Judicial Magistrate No.I, Udumalpet for their judicial custody and also submitted their confession statements, recovery mahazars along with the remand report and they were remanded to judicial custody and lodged at Central Prison at Coimbatore. During the course of journey to the Coimbatore Central Prison, faces of the said accused were also concealed with masks. PW67 also dispatched the material objects in Form 91 as well as photographs, marked as Ex.P107 to Court.

3.36 PW67 proceeded to Coimbatore Medical College Hospital and examined PW1 and seized the blood stained clothes [M.Os.6 to 8] worn by her at the time of occurrence in the presence of Velusamy/PW2 and PW9 under Mahazar /Ex.P9. PW67 recorded the further statements of PW1, father of the deceased and younger brother of the deceased, namely PW9.

3.37 PW67 had examined the doctor - PW46 who conducted autopsy on the body of the deceased and also obtained the Postmortem Certificate, marked as Ex.P57. PW67 proceeded to the Eswari Departmental Store and obtained CCTV [M.O.19] and hard disk [M.O.20] in the presence of witnesses Sudharsanraj, Siva, PW7 and PW8 at about 5.00 p.m. under Mahazar/Ex.P8 at about 5.00 p.m. on 15.03.2016 and also obtained signatures in the Recovery Mahazar and dispatched the same under Form-91, marked as Ex.P108. PW67 also examined the Sudharsanraj, Siva, PW7 and PW8 and recorded their statements.

3.38 PW67 made a requisition to the Chief Judicial Magistrate, Tiruppur District for conducting Test Identification Parade for A4, A5, A6 and A8 through PWs.1 to 4. PW67 also made a requisition for recording the statements of PWs.1 to 3, Ibhrahim, Sundaram and Karuppasamy under Sections 164 CrPC to the Judicial Magistrate, Palladam and also made a requisition for conducting forensic analysis of the seized material objects.

3.39 On 17.03.2016 at 4.00 p.m. PW4 came to Udumalpet Police Station and voluntarily surrendered the Micromax Cellphone [M.O.14] in which he recorded the scene of occurrence along with Memory Card [M.O.42] and the same were recorded by PW67 under Mahazar / Ex.P5 and also obtained the signature of PW4. PW67 sent a requisition to the Judicial Magistrate No.1, Udumalpet for sending the video recordings in the DVD hard disk, cell phone memo card with that of the photographs of A4, A5, A6 and A8 for forensic analysis to the Forensic Laboratory at Chennai.

3.40 PW67 also sent a requisition to the Revenue Tahsildar, Madathukulam to get community certificate of the deceased/Shankar and also made similar requests to the Tahsildar, Dindigul to know about the communal status of A4, A6, A8 and A11. PW67, on becoming aware of the fact that A1 had surrendered before the Judicial Magistrate Court, Nilakottai and lodged at Central Prison, Madurai, made a requisition to the Judicial Magistrate No.I, Udumalpet to issue Prisoner's Transfer [PT] Warrant.

3.41 On 21.03.2016 at 8.00 a.m. PW67 had examined PW4 and Nazusutheen and recorded their statements and also obtained the custody of A1. PW67 had nominated PW63-Inspector of Police, Madhathakulam as Special Officer to trace the absconding accused A2, A3 and A9 and also recorded the statements of PW5 and Marimuthu.

3.42 On 22.03.2016 at 1.00 p.m. PW63 produced A3 to PW67 with his Special Report and in the presence of PW12/VAO and his assistant Muruganantham, PW67 arrested A3 and examined him. A3 voluntarily came forward to give confession statement and his statement was recorded in the presence of the said witnesses. PW67 also examined PW13 and Muruganantham and recorded their statements. PW67 also examined PW52-Head Constable, PW53-Head Constable, PW54-Inspector of Police, PW33-SI-AWPS and PW63-Inspector of Police, Madathakulam PS and recorded their statements. Thereafter, PW67 produced A3 before the Judicial Magistrate for judicial custody and he was lodged at Central Prison, Coimbatore.

3.43 PW67 had obtained the documents relating to Petition No.310/2015, marked as Ex.P34 and the marriage photographs of Shankar-deceased and Kowsalya/PW1. PW67 made a requisition to the Tahsildar, Palani to get the Community Certificates of A1 to A3. On 23.03.2016, PW67 went to the Coimbatore Medical College Hospital and informed PW1 as to the recording of statements under Section 164 CrPC by the Judicial Magistrate, Palladam on 21.03.2016 as well as the identification parade to identify A4, A5, A6 and A8, which is to be held on 23.03.2016 and also recorded her statement.

3.44 PW67 came back to Udumalpet and recorded the further statements of PW2, Sundaram, PW3, Ibrahim and PW4 and also their participation in the Test Identification Parade. PW67, on becoming aware of the fact that A10, namely Prasanna @ Prasannakumar had surrendered before the Judicial Magistrate Court, Nilakottaim, Dindigul District on 18.03.2016, had secured his custody and also obtained his police custody.

3.45 On 24.03.2016, PW67, for the purpose of examining A1, availed the services of PW13/VAO and his menial and A1 voluntarily came forward to give the confession statement, which was recorded in the presence of witnesses by using computer at 2.30 p.m. on 24.03.2016. A1 narrated about the conspiracy hatched to do away with the lives of PW1 and Shankar/deceased as well as drawing money from the joint account of A1 and A2 for the purpose of engaging hirelings and also identified M.O.13-Bajaj Discover motorcycle.

3.46 PW67 also recorded the statement of PW13-VAO and his menial Muruganandham separately and also examined A10 in the presence of PW13 and his menial and recorded his statement and as per the admissible portion of the confession statement, he undertakes to identify the place where he has concealed the cellphone as well as the clothes worn by him. A10 was shown the videographs and he identified the person who worn the helmet at the time of commission of offence and the rider of the motorcycle, namely A7 and A8. PW67 took A1, A10 along with police party in jeep and A10 took the police party to his house and produced M.O.30-Nokia Cellphone, M.O.31-Shirt and M.O.32-Pant and the said articles were recovered under Mahazar-Ex.P28 in the presence of the witnesses Karunanithi and Kalimuthu at about 11.30 a.m. on 25.03.2016 and their signatures were also obtained and their statements were also recorded.

3.47 PW67, seized M.O.14-Page Nos.1 to 45 of the Lodge Register produced by the owner of Bhagyam Lodge, namely PW14 and the said seizure was effected in the presence of one Sokkaraj and PW15 under Mahazar/Ex.P23 and obtained the signatures of PW14, PW15 and Sokkkaraj and it was sent to the Court through Form 91, which was marked as Ex.P110.

3.48 PW67, as identified by A1, proceeded to Dhandayuthapani Swami Park in Palani By-Pass Road and prepared Observation Mahazar/Ex.P31 and Rough Sketch/Ex.P109 in the presence of witnesses Subramaniam and Selvaraj and then he examined the witnesses PW14, Sokkaraj, PW15, Balasubramania, Selvaraj, Kalidass, Duraisamy and Senthilkumar separately and recorded their statements and also examined PWs.26 and 27.

3.49 At about 10.00 p.m. on 25.03.2016, A1 to A10 were brought back to Udumalpet Police Station by PW67 and were put into custody and sent the material objects seized from A10 to the Court under Form 91, marked as Ex.P111. PW67 concealed the face of A10, while he was taken away for the purpose of recovery.

3.50 On 26.03.2016 at about 10.00 a.m. PW67 proceeded to Komaralingam and examined PW24 and recorded his statement. On 27.03.2016 at about 10.00 a.m. PW67 examined Dr.Jayasingh, Professor, Forensic Department, Coimbatore Medical CollegeHospital and also examined PW28, who identified M.O.13 - Motorcycle. On 28.03.2016, PW67 gave a requisition to the Judicial Magistrate, Palladam to record the statements of the witnesses Kalidass, PW14, PW25, PW26 and Senthilkumar under Section 164 CrPC and also taken photographs of A1 and A10 and the said photographs were marked as M.O.43 series and it was dispatched to the Court in Form No.91, marked as Ex.P12 and thereafter, remanded A1 to A10 to judicial custody.

3.51 PW67 sent a requisition to Judicial Magistrate No.I, Coimbatore to take A1 to A6 and A8 under police custody. On 28.03.2016 at about 3.30 p.m., PW67, as per secret information, arrested A9 in the bus stop at Palani Vandivaikkal in the presence of PW23 and PW42 and examined A9 at 3.45 p.m. A9 voluntarily came forward to give confession statement and as per the admissible portion of confession statement marked as Ex.P30, A9 undertook to produce 3 Cellphones hidden in the bag and also identified M.O.28 - Bajaj Discover Motorcycle bearing Reg.No.TN57-AZ-3957 and also produced M.O.34 - Cellphone used by A8, M.O.36-Cellphone used by A11 and M.O.33-light blue colour bag in which A9 had kept the 3 mobile phones. PW67 seized the said articles under Mahazar / Ex.P29. PW67 recovered the said articles in the presence of witnesses and got signatures from the witnesses. In the light of the statement of A9 to PW67, he identified the house of PW16, who identified M.O.28 - Motorcycle in front of his house and the same were seized in the presence of PW23 and his menial and their statements were recorded.

3.52 PW67 came back to the police station and reached the station on the early morning hours on 28.03.2016 at 12.30 hours and kept A9 under safe custody and sent the seized articles under Form 19, marked as Exs.P113 and P114 to the Judicial Magistrate Court No.1, Udumalpet.

3.53 PW67, on 29.03.2016 at about 9.00 a.m., took photographs of A9, marked as M.O.44 series and sent to the Court under Mahazar in Form No.91, marked as Ex.P115 and A9 was produced before the Judicial Magistrate Court for judicial custody. PW67, on the same day, obtained police custody of A4, A5, A6 and A8, who were in Central Prison, Coimbatore and in the presence of PW13 and Muruganantham had examined A4 and recorded his confession statement. A4 was shown the WhatsApp upload through laptop as to the attack inflicted on PW1 and Shankar/deceased and A4 identified A7. A5 also gave confession statement on the same day at 7.30 p.m. and he also identified A7 through WhatsApp upload. PW67, for the purpose of conducting Test Identification Parade for A9 and A10, sent a requisition to the Judicial Magistrate, Tiruppur.

3.54 On 30.03.2016 at about 8.00 a.m. PW67 examined A6 in the presence of PW13/VAO and his assistant Muruganantham and recorded his confession statement. A6 was shown the WhatsApp upload as to the occurrence and he also identified A7. Similarly A8 was also examined in the presence of same witnesses and A8 also identified A7 on seeing the WhatsApp upload as to the occurrence. PW67, on the same day, had examined 3 other witnesses and once again re-examined PW13 and recorded his statement and also remanded A4, A5, A6 and A8 to judicial custody.

3.55 PW67 made a requisition to the Court for sending the photographs of A9 and A10 for forensic analysis for the purpose of identification and also made a requisition to the State Bank of India, Palani Branch to get the account details of A1 for the period between 01.02.2016 and 30.03.2016.

3.56 PW67, on becoming aware of the fact that A2 had surrendered before the Judicial Magistrate Court, Theni on 28.03.2016 and lodged at Central Prison, Madurai, made a requisition on 31.03.2016 to get her police custody and examined her in the presence of PW64 and another. A2 voluntarily came forward to give confession statement, wherein she has disclosed the place wherein she has concealed her cellphone [M.O.29] and it was seized under Mahazar/Ex.P25 in the presence of PW18 and another and their statements were recorded. Subsequently, A2 was sent for judicial custody and sent M.O.29 to Court through Form 91, marked as Ex.P116.

3.57 On 02.04.2016, PW67 went to the Coimbatore Medical College Hospital and re-examined the Doctors - PW45 and PW46 and recorded their statements. PW45 had given the Wound Certificate of PW1 marked as Ex.P56 and PW67 collected the Postmortem Report of the deceased, marked as Ex.P58 from PW46 and also recorded the statement of other witnesses.

3.58 On 04.04.2016, PW67 had examined PW65 and another and also PWs.42, 40, 41, 38 and 39 and recorded their statements and also PW43/Tahsildar-Madathuklam and PW34-Sub Inspector of Police, Palani Town Police Station and collected the certified copies of F.I.Rs in Crime Nos.647/2015, 211/2016 and 212/2016, marked as Exs.P37 to 39 and also examined one Revathi and recorded her statement. On 05.04.2016 at 11.00 a.m., PW67 had examined PW44 and got the Wound Certificate, marked as Ex.P56 and got the custody of A7, who surrendered before the Judicial Magistrate Court No.I, Udumalpet and also sent requisition letters to the Cyber Crime Special Cell, Tiruppur to get the details with regard to 7 mobile numbers.

3.59 On 06.04.2016 at about 8.00 a.m. PW67 had examined A7 in the presence of witnesses and A7 voluntarily came forward to give confession statement and as per the admissible portion of confession statement marked as Ex.P26, he identified the place in which, he concealed the knife/M.O.5 and accordingly PW67 recovered M.O.5 from a thorny bush near Kuthiraiyaru Bridge, Komaralingam and it was recovered under Mahazar/Ex.P27 in the presence of witnesses and it was dispatched to the Court under Form 91, marked as Ex.P117. PW67 examined PW22, PW5 and Marimuthu and also took photographs of A10 [M.O.10 series] and sent it to the Court under Form 91, marked as Ex.P118 and also sent A7 for judicial custody. PW67, while taking out A7 for the purpose of investigation, concealed his face by mask.

3.60 On 07.04.2016, PW67 had examined PW5 and Marimuthu and recorded their statements and submitted a requisition to Chief Judicial Magistrate, Tiruppur to conduct Test Identification Parade for A7 in the presence of PWs.1 to 4 and also sent photograph of A7 to be compared with CCTV recordings for forensic analysis.

3.61 On 08.04.2016, PW67 examined PWs.56 to 59 and recorded their statements and obtained their certificates under Section 65B of the Indian Evidence Act. PW67 also conducted investigation as to the mobilephones used by A5, A6, A8 and A9, which shows that they were near the place of occurrence and that they were in frequent touch with each other through mobile phones. The mobilephone call details were also seized under Mahazar, marked as Exs.P119 and 120.

3.62 On 09.04.2016, PW67 examined PW29 and PW61 and recorded their statements. PW29 has told about the missing of his motorcycle bearing Reg.No.TN59-A7-2766 for which a complaint was given by him under CSR No.83/2016. The said motorcycle was marked as M.O.12. On 11.04.2016, PW67 examined PW31- Motor Vehicle Inspector and recorded his statement and also obtained the certified copies of 'B' Register. On 12.04.2016, PW67 made a requisition to the Regional Forensic Science Laboratory, Coimbatore and also examined PW47 and another. On 13.04.2016, PW67 re-examined PWs.1 to 3 and recorded their further statements and also the Motor Vehicle Inspector -PW32.

3.63 PW67 proceeded to Chennai and on 15.04.2016 examined PW58, PW62 and one Nalina and obtained the Serology Report, marked as Ex.P121. On 17.04.2016, PW67 examined LW118-Venkataraman. On 18.04.2016, PW67 had examined PW60, PW37, PW40 and PW35 and recorded their statements. PW67 had filed Final Report in Crime No.647/2015, marked as Ex.P38. On 19.04.2016, PW67 had examined PW48, PW49, Ramaraj and Annam and recorded their statements and also recorded the statement of PW36-Inspector of Police, Madathukulam, who registered the case in Crime No.320/2015, marked as Ex.P39 and the Final Report marked as Ex.P40, also examined PW58 and recorded her statement.

3.64 On 23.04.2016, PW67, after completion of investigation, has filed a Final Report against A1 to A11 for the alleged commission of offences under Sections 120-B, 147, 148, 307, 307 r/w.149, 307 r/w.149/109, 302, 302 r/w.149/109, 212 IPC and under Section 3(1)(r)(s) and 3(2)(va) of the SC/ST Act on the file of the Court of Judicial Magistrate No.I, Udumalpet, who took it on file in P.R.C.No.7/2016. The Committal Court, namely Judicial Magistrate No.I, Udumalpet had issued summons to all the accused and furnished them with copies of documents under Section 207 CrPC and having found that the said case is exclusively tried by the Sessions Court, had committed the same to the Principal District and Sessions Judge, Tiruppur in Spl.C.C.No.19/2016.

3.65 The Trial Court, upon committal, had summoned all the accused, framed necessary charges and questioned them and they pleaded not guilty to the charges framed against them.

3.66 The prosecution, in order to sustain it's case, examined PWs.1 to 67, marked Exs.P1 to P122 and also marked M.Os.1 to 49. All the accused were questioned under Section 313(1)(b) CrPC with regard to the incriminating circumstances made out against them in the evidence rendered by the prosecution and they denied it as false and also filed their respective written statements denying the allegations/accusations levelled against them and also examined DWs.1 to 6 and marked Exs.D1 to D10 on their behalf.

3.67 The Trial Court, on consideration and appreciation of oral and documentary evidence, had found that A1, A4 to A9 and A11 guilty of the offences and convicted and sentenced them and also awarded compensation. In view of the death sentence imposed on A1, A4 to A8, the Trial Court had referred the case to this Court under Section 366 CrPC for confirmation of capital sentence. The aggrieved accused had also filed independent appeals in Crl.A.Nos.162 to 165 of 2018.