The court affirmed the High Court's decision to convict based on strong eyewitness testimony, corroborated by medical evidence, establishing premeditated murder with common intention despite minor discrepancies in witness accounts.

JUDGMENT :

DIPANKAR DATTA, J.

THE APPEALS

1. These appeals, by special leave, take exception to the common appellate judgment and order dated 7th December, 2021 of the High Court of Judicature at Madras.

2. While allowing the appeal under Section 374(2), Code of Criminal Procedure, 1973 of the widow of Patchaiperumal¹ [victim] viz. PW-8 and reversing the finding of acquittal recorded by the relevant Sessions Court vide its judgment dated 1st September, 2009, the High Court sentenced the appellants Murugesan - A-1, Patchaiperumal @ Patchikutti - A-2, Palavesaraj @ Palavesamuthu - A-3, Kulasekarapandian - A-4 and Biledy Ganesan @ Selvaganesan - A-10 to life imprisonment for commission of offences under Section 302 read with Sections 34 , 148, and 341, INDIAN PENAL CODE , 1860.² [IPC] However, acquittal of the co-accused (A-5 to A-9 and A-11) was not disturbed by the High Court.

FACTS

3. The prosecution case was that at a gathering in the house of A-9 on 10th July, 2007, all the accused had planned the murder of the victim (disbelieved by both the courts). FIRs in cases pertaining to prior feuds between the families of the victim on the one hand and those of A-4 and A-9 on the other provided the motive. On 12th July, 2007 at about 1.00 p.m., the victim left the school (where he was a teacher) on his motorcycle and was heading home for lunch. PWs 1 (brother-in-law of the victim) and 2 (brother of the victim) were following the victim on a separate motorcycle. The victim was initially waylaid by A-3 and A-4. Striking a ninja chain against the motorcycle which the victim was riding, A-3 ensured that the victim was compelled to stop. A-1, A-2 and A-4 then attacked the victim with sickles. A-5, A-6 and A-8 to A-11 were also attributed the role of attacking the victim with sickles. While PWs 1 and 2 tried to intervene, they were threatened by the multiple accused of dire consequences. To save their lives, PWs 1 and 2 hid behind a tree and witnessed the ghastly attack on the victim. The victim died on the spot as a result of the injuries inflicted on him. He was then pushed into a field by the accused, whereafter some of them left in a car driven by A-7 while the rest ran away from the scene of crime. At around 2.00 p.m. complaint was lodged by PW-2. It was also signed by PW-1. An FIR (Ext. P-41) came to be registered. In the interregnum, PWs 1 and 2 had been to their village and informed family members of the crime. The FIR was sought to be made over to the jurisdictional Judicial Magistrate by a Head Constable (PW-26) on the same date (12th July, 2007). However, the Judicial Magistrate was not available on that date. PW-26, therefore, waited overnight and handed over the FIR to the Judicial Magistrate at 5.30 a.m. on 13th July, 2007. The investigating officer (PW-32), however, undertook investigation immediately after the FIR was registered. He visited the scene of crime around 2.45 p.m. and prepared the observation mahazar. The ninja chain (MO-3) was recovered from the scene of crime. PW-32 also collected sample of blood-soaked earth and plain earth as well as clot