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2016 Supreme(Mad) 1830

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.NAGAMUTHU, V.BHARATHIDASAN, JJ.
Azraf Ali & Anr. – Petitioners
Vs.
State by The Inspector of Police, Vellore South (I&O) Police Station, Vellore District – Respondent
CRL.APPEAL No.288 of 2015
Decided on : 29-06-2016

Advocates Appeared:
For the appellants : Mr.V.Paarthiban, Mr.E.Kannadasan, Mr.N.Sudarsan
For the Respondent: Mr.M.Maharaja, Additional Public Prosecutor.

The quality of evidence, including the testimony of a solitary witness and medical evidence, is crucial in establishing guilt in a criminal trial.

Headnote:

Conspiracy - Murder - IPC 120-B, 302, 341, 324 - The court acquitted the first accused of all charges due to lack of evidence. The court confirmed the conviction and sentence of accused 2 to 5 for the offences under Sections 302 and 341 IPC. The conviction and sentence of the fourth accused for the offence under Section 324 IPC were also confirmed. The court set aside the conviction and sentence of the accused 2 to 5 for the offence under Section 120-B IPC.

Fact of the Case:

The deceased, Mr. Absar Basha, was murdered due to a longstanding enmity. The first accused planned the murder and engaged the other accused to carry it out. The deceased was attacked and killed by the accused 2 to 5, and the prosecution relied on the testimony of P.W.2, the sole eyewitness, and medical evidence to establish the guilt of the accused.

Finding of the Court:

The court found that there was no evidence to prove the conspiracy against the accused. However, the court confirmed the conviction of accused 2 to 5 for the murder and other related offences based on the testimony of the eyewitness and medical evidence. The court acquitted the first accused due to lack of evidence.

Issues: The main issue was the establishment of conspiracy and the guilt of the accused in the murder of the deceased.

Ratio Decidendi: The court held that while there was no evidence to prove the conspiracy, the testimony of the eyewitness, P.W.2, and the medical evidence were sufficient to establish the guilt of accused 2 to 5 for the murder and related offences.

Final Decision: The court acquitted the first accused and confirmed the conviction and sentence of accused 2 to 5 for the murder and related offences. The court also confirmed the conviction and sentence of the fourth accused for a separate offence. The court set aside the conviction and sentence of accused 2 to 5 for the conspiracy charge.

JUDGMENT :

S.Nagamuthu, J.

The appellants are accused 1 to 5 in S.C.No.138 of 2012 on the file of I Additional Sessions Court, Vellore. The first accused stood charged for the offences under Section 120-B and 302 read with 109 IPC. The accused 2, 3 and 5 stood charged for the offence under Sections 120-B, 341 and 302 IPC. The fourth accused stood charged for the offences under Sections 120-B, 341, 302 and 324 IPC. The trial Court, by judgment, dated 11.03.2015, convicted and sentenced all the accused, as detailed below :

Accused

Section of law

Sentence

A.1 to A.5

120-B I.P.C.

Life imprisonment each and to pay of Rs.2,000/- each; in default, to undergo rigorous imprisonment for three months.

A.1

302 r/w.109 I.P.C.

Life imprisonment and to pay of Rs.3,000/-; in default, to undergo rigorous imprisonment for six months.

A.2 to A.5

341 I.P.C.

Rigorous imprisonment for six months each.

A.2 to A.5

302 I.P.C.

Life imprisonment each and to pay of Rs.3,000/- each; in default, to undergo rigorous imprisonment for six months each.

A.4

324 I.P.C.

Rigorous Imprisonment for one year.

Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

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

2.1. The deceased in this case was one Mr.Absar Basha. He was running a furniture shop in Vellore. P.W.2 was employed under him, as a carpenter. There was a longstanding enmity between the accused and the deceased. It is alleged that on account of the said enmity the first accused decided to kill the deceased. The second accused is a friend of the first accused. According to the prosecution, the first accused requested the second accused to help him to complete his target. The second accused agreed for the same. Then, he engaged the accused 3 to 5, who were hirelings. The accused 2 to 5 agreed to kill the deceased. A sum of Rs.1,50,000/- was agreed to be paid by the first accused to the accused 2 to 5 for the said purpose, as consideration. A sum of Rs.40,000/- was paid as advance.

2.2. It is further alleged that on 02.11.2011, the deceased was at his house. P.W.2 was in the furniture shop of the deceased. Around 08.00 to 09.00 a.m., the deceased came to the furniture shop on his Hero Honda motorcycle bearing registration No.TN 23 AB 9481. He wanted P.W.2 to come with him to purchase wood. The second accused had come to the shop and he told the deceased that he would take him to the place, where wood was available for sale. Thus, on the motorcycle, the deceased, P.W.2 and the second accused travelled. When they were nearing Poonthottam Odai, the accused 3 to 5 were already standing there. They intercepted the motorcycle. The third accused questioned the deceased as to where he was proceeding. The deceased told that he was proceeding to purchase wood. Then, the third accused abused and attacked the deceased with a broken bottle on his head. He stabbed the deceased with a knife on his chest. The second accused also took out a knife and stabbed the deceased on his head. P.W.2 tried to rescue the deceased. The fifth accused cut P.W.2 with a knife on his left hand. Then, the accused 2 to 5 fled away from the scene of occurrence, abandoning the deceased and P.W.2. P.W.2 cried for help. He went to a nearby place and brought the people to the place of occurrence. He found the deceased dead. Then, P.W.1, the brother of the deceased, on hearing the occurrence, rushed to the place of occurrence and after ascertaining the facts, he went to Vellore South Police Station and lodged a complaint at 01.30 p.m. In the complaint, he stated that the assailants were known persons. P.W.15, the then Inspector of Police, on receipt of the said complaint, registered a case in Crime No.1239 of 2011, for the offences under Sections 341, 324 and 302 IPC. Ex.P-23 is






































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