FIR ante timed to implicate members of the family.

S.Ashok Kumar, J.: The appellants are the accused, who were convicted by the learned Additional District and Sessions Judge, Madurai for an offence punishable under Sec.302 read with Sec.34, I.P.C. imprisonment for life and 5 years imprisonment for alleged offence punishable under Sec.307 read with Sec.34, I.P.C. Aggrieved over the said judgment and conviction, this appeal has been preferred by the appellants.

2. The brief facts of the case are follows:

The appellants were residents of Servaikaranpatti, within Kallikudi Police Station limits, Madurai district. A-1 is the father of A-2 and A-4; and husband of A-6 (since acquitted). A-2 is the younger brother of A-4. A-3 is the son of elder brother of A-1, A-5, since acquitted is the brother-in-law of A-3. A-6 since acquitted, is the wife of A-1 and mother of A-2 and A-4. P.Ws.1 and 2 are brothers. P.W.3 is mother of P.Ws.1 and 2 and P.W.4 is their father. P.W.5 is the daughter of deceased Chidambaram. Deceased Chidambaram is the husband of P.W.4’s niece (sister’s daughter). They were also residing in the same village. The accused had enmity with P.W.4’s family over a vacant land lying south of A-1’s land and north of P.W.4’s house. There was a quarrel and a police complaint was also registered regarding the said land dispute. Therefore, A-1 and his family members left the village in 1995. The house of A-1 remained unoccupied.

3. On 3.6.1997, P.W.1 and P.W.4 were sleeping in the front yard of their house in an open area. At about 2.00 a.m. on 4.6.1997 when they woke up as usual for milking the cows and switched on the light, they saw A-1 to A-6. A-1 to A-3 were armed with aruval, A-4 and A-5 were armed with velsticks. At that time, P.W.4 was lying on a cot. Then A-1 cut with aruval, M.O.3 on the left thigh of P.W.4. A-4 stabbed with the velstick M.O.5 on the left side back of P.W.4. At that time A-6 shouted. “Leave him (P.W.4) and cut Chidambaram”. The accused cut the deceased Chidambaram who was sleeping in the nearby house. Thereafter, the accused fled from the scene. Chidambaram died on the spot. P.W.1 went to Virudhunagar and brought a van to take P.W.4 to hospital at Thirumangalam and admitted him in the hospital at about 7.35 a.m. Thereafter, P.W.1 went to Kallikudi Police Station and lodged Ex.P-1 complaint to P.W.15, Inspector of Police, who registered a case in Crl.No.99 of 1997 and the printed F.I.R. is Ex.P-14.

4. P.W.15, the Inspector of Police immediately proceeded to the scene of occurrence, where at 7.00 a.m., he prepared Ex.2, Observation Mahazar, Ex.P-15, Sketch in the presence of Panchayatdars. Between 7.30 a.m. and 11.30 a.m. he conducted inquest on the body of the deceased Chidambaram and prepared Ex.P-16 Inquest report. He also seised bloodstained earth M.O.1 and sample of earth M.O.2 under a cover of mahazar Ex.P-9. He sent a requisition for autopsy of the body of the deceased. P.W.12 Dr.Marudhu Pandian, who received the request from the Inspector of Police conducted autopsy on the body of the deceased at 2.30 p.m. on the same day and found the following injuries:

“External injuries: (1) Lacerated injury 4 x 2 x 6 cm over the left side of the neck about 7 cm. below the left ear lobule. (2) A lacerated injury 4 x 2 x 4 cm. over the left side of the neck 4 cm below wound No.1. (3) Lacerated injury 3 x 1 x 3 cm over left side neck 3 cm above left clavicle. (4) Abrasion 4 x 3 cm left side upper scapular region. (5) Abrasion 3 x 1 cm over left mid scapular region. (6) Abrasion 6 x 1 cm over left shoulder region. (7) Cut injury 10 x 4 x 6 cm over left upper arm upto the level of bone dividing muscles. (8) Cut injury 15 x 5 x 10 cm over left upper arm 4cm below wound No.7 dividing muscles and bone. (9) Lacerated injury 18 x 10 x 7 cm over the left elbow region dividing all the muscles, tendens and bone. (10) Lacerated injury 15 x 6 x 4 cm over left upper chest. (11) Lacerated injury 4 x 2 x 3 cm right mid chest. (12) Lacerated injury 8 x 4 x 2 cm over right upper arm (

Click Here to Read the rest of this document