IMPORTANT POINT
Evidence of eye witnesses cannot be rejected merely because they are related.

JUDGMENT

Dr. AR. Lakshmanan, J.-The above appeals were filed against the judgment dated 14/02/2003 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 315 and 539 of 1999 filed by A-1 Ravi and A-2 Pakkaraji. The appellant herein was the appellant in Criminal Appeal No. 315 before the High Court and was A-1 before the Court of Additional Sessions Judge, Pondicherry. The learned Sessions Judge acquitted A-2 of the offence under Section 302 I.P.C. The State also has not filed any appeal against the said acquittal of A-2 of the offence of murder.

2. The following charges were made against the accused:

The Inspector of Police, Villianur Circle, Pondicherry has laid a charge sheet against the accused alleging that on 6.3.1996 at about 1230 hrs. the accused A-1 (Ravi), A-2 (Raja @ Pukkaraji) and four others alleging that they formed themselves into an unlawful assembly, armed with deadly weapons with a common object of such assembly, viz., to cause the death of one Shanmugam due to previous enmity and in furtherance of common object of such assembly, trespassed into the house of Adhikesavan, the brother of the deceased Shanmugam and caused bleeding injuries to Shanmugam by assaulting him with deadly weapons, all the accused chased him and forcibly took him in an auto rickshaw to maidan near Pavanar Nagar, Reddiarpalayam, Pondicherry beat him with deadly weapons left him with bleeding injuries and the deceased Shanmugam subsequently died in the General Hospital, Pondicherry and thus the accused had committed the offence of murder of Shanmugam and thus committed offences punishable under Sections 148, 149, 448/149, 364/149 & 302/149.

3. On behalf of the prosecution, PW-1 to PW-11 were examined the Exs. P1 to 22 and MOs. 1 to 3 were marked.

4. The case of the prosecution, in brief, is as follows:-

The brother of the deceased Shanmugam, along with other brothers Krishnamurthy, deceased Shanmugam Siva and sister Gangabhavani were staying in Pudhu Saran and Krishnamurthy after marriage went to his father-in-law s house. About 8 years prior to the incident, the deceased Shanmugam developed intimacy with one Sarasu and was living separately with her. About six months prior to the incident he came and started living five or six houses away from his house. About two or three days prior to the death of Shanmugam i.e. on 4.3.1996 Shanmugam s wife Sarasu committed suicide by self immolation by pouring kerosene and setting fire to herself and died. Shanmugam came and told P.W.1 that the brothers of Sarasu thought that he was responsible for suicide and they were threatening him and he also told that while he tried to save Sarasu, he sustained burn injuries on his hand and wanted to take treatment and so he wanted to stay in their house and his father also consented for the same and started staying with them and on 6.3.1996 A1-Ravi s/o Munuswamy came along with five persons armed with knife and sticks and entered the house and asked whether Shanmugam was there and they got into the room where Shanmugam was lying and beat him there and Shanmugam ran out and the crowd chased him and she asked P.W.1 to find out what had happened to Shanmugam. P.W.1 along with his brother Krishnamoorthy went in search of him and he saw Shanmugam with bleeding injuries lying down on a maidan behind the house of A1 Ravi slightly breathing and without speech. They took Shanmugam in an autorickshaw to General Hospital, Pondicherry. He returned home at 4.30 p.m. and informed his mother about the same. He then lodged a complaint before. police Ex.P.1 is the complaint given by him. Shanmugam died on 7.3.96 due to the injuries sustained by him on 6.3.96.

5. The Sessions Judge, Pondicherry, on consideration of the evidence on record, came to the conclusion that the evidences of PWs 2, 3 and 6 showed that A-1 and A-2 were accompanied by five other persons and that A-1 and A-2 assaulted the deceased Shanmugham and that A-3 to A-7 were not identified by any witnesse