(M. CHOCKALINGAM, J.)

1. Challenge is made to the judgment dated 29.5.2009 passed by the Additional District Sessions Court (Fast Track Court No.I), Poonamallee in S.C. No.112 of 2006, whereby the first accused stood charged for the offences under Sections 302, 323 read with 149 of the Indian Penal Code, accused 2 and 3 stood charged for the offences under Sections 148, 302 read with 149, 324, 323 read with 149 of the Indian Penal Code and accused 4,5, 7 and 8 stood charged for the offences under Sections 148, 302 read with 149, 324 read with 149, 323 of the Indian Penal Code and on trial, all the accused were found not guilty and acquitted of all the charges. It is reported that sixth accused Shanmugam died and no charge is framed against him.

2. The short facts necessary for the disposal of the case can be stated thus:

(i) P.Ws.1, 3 and 10 are the brothers of the deceased Thirupathi. They are all residents of Ponthavakkam colony within the jurisdiction of respondent-police. They used to play cricket in the piece of land, which belongs to ACA Church. The same was objected to by the second accused, who was in administration of the Church. On that ground, there were quarrels in the past. In this regard, proceedings were initiated before the Revenue Divisional Officer, Ponneri under Section 107 of the Criminal Procedure Code and further, their relationship became strained. On 28.4.2003, the accused party were making arrangement for fencing the land. The same was witnessed by the deceased and his friends. There was a wordy altercation.

(ii) Next day morning i.e. 29.4.2003 at about 6.30 a.m., when the deceased and his friends were in a tea shop, they informed about the previous day occurrence to one Manickam. At that time, accused 3 and 4, who are sons of second accused came over there and there was a wordy altercation. Following the same, accused 3 and 4 brought the other accused. When the accused came to place of occurrence, first accused armed with knife and other accused armed with wooden logs. The first accused stabbed the deceased on the abdomen, while accused 1, 3 and 4 attacked the deceased with sticks. When it was intervened by P.W.2, he was attacked by accused 2 to 4. Thereafter, all the accused ran away from the place of occurrence. This was witnessed by P.Ws.1, 2, 8, 18 and 25.

(iii) Thereafter, P.W.2 and others took the deceased Thirupathi to the Government Hospital, Chennai. On medical examination, the Doctor declared him dead. Immediately, at about 12 noon, P.W.1 proceeded to the respondent-police and gave Ex.P1 report to the Sub Inspector of Police P.W.24, on the strength of which a case in Crime No.112 of 2003 was registered for the offences under Sections 147, 148, 323, 324, 302 of the Indian Penal Code. Express First Information Report Ex.P16 was despatched to the Court. The third accused also gave a complaint, on the strength of which a case in Crime No.113 of 2003 was registered.

(iv) On receipt of the copy of the First Information Report in both crime numbers, P.W.27 Inspector of police took up investigation. He proceeded to the place of occurrence and prepared Ex.P3 Observation Mahazar and Ex.P17 rough sketch. Photographs were also taken through P.W.26 Photographer. He also recovered M.O.1 blood stained earth, M.O.2 ordinary earth and M.O.3 cap under the cover of mahazar Ex.P4 in the presence of witnesses. P.W.27 Inspector of Police proceeded to the Mortuary and prepared inquest report Ex.P18 in the presence of witnesses and panchayatars. Thereafter, the dead body was sent to the Government Hospital, Chennai through requisition letter. P.W.23 Doctor conducted autopsy on the dead body and issued post-mortem Certificate Ex.P15 where he has narrated all the injuries both internal and external and gave his opinion that the deceased would appear to have died of shock and hemorrhage and due to the stab injury to abdomen.

(v) Pending investigation, P.W.27 arrested accused 2 to 4 on 29.4.2003 at abo