1. This appeal is directed as against the judgment dated 27.09.2011 made in S.C. No. 23 of 2011 and the file of the Learned Assistant Sessions Judge, Thiruvarur thereby convicting the appellants and sentencing them to undergo one year simple imprisonment and a fine of Rs. 5,000/- each, in default to undergo simple imprisonment for three months for the offence under Section 147 of I.P.C. and to undergo 10 years of simple imprisonment and to pay a fine of Rs. 10,000/- each, in default to undergo 2 years of simple imprisonment for the offence under Section 306 I.P.C.

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

2.1. PW-1-Thangaian lodged a complaint alleging that on 10.01.2008 his son arrived from Chennai to his native. On that date about 9.30 pm, Tamilarasan, Kesavan, Krishnakumar and unknown persons were chasing his son at Kavanur Pillaiyar Temple and they were possessed with cricket bats and iron rod to attack his son. They had beaten him with wooden logs and thereafter his son was missing. Immediately a search was made by the said persons in the Palani Andavar Temple Tank which was located nearby. PW-1 also searched him on the tank and thereafter, he returned to his home. Thereafter he came to understand that his son, Stalin, Muthu and Sathyaraj molested a girl from Thirumathikunnam as such, the above said persons were chasing them. While being so on 13.01.2008 his wife at about 6 am while drawing water from the said tank, found that their son's body was floating. Immediately PW-1 rushed to the police station and lodged a complaint under Ex.P.1. PW-19, Inspector of Police registered the complaint in Cr. No. 14/2008 for the offences Sections 147, 148, 302 and 306 of I.P.C. against the accused persons. PW-19 went to the place of occurrence and prepared the Observation Mahazar and a Rough Sketch marked as Exs.P.6 and P.7. The FIR is marked as Ex. P.5.

2.2. After examining the witnesses and conducted inquest on the dead body, he sent the dead body for postmortem. After recording the statement from the doctor who conducted postmortem and on receipt of the Postmortem Report Ex.P.8 he altered the offences in to one under Sections 147 and 306 of I.P.C. Since he was transferred to District Crime Branch, the entire case diary was handed over to PW-20. PW-20 Inspector of Police took up further investigation and filed charge sheet against the accused for the offences under Section 147 and 306 of I.P.C.

3. The Trial Court framed charges for the offences under Section 147 and 306 of I.P.C. and the accused denied the same. Prosecution examined P.Ws.1 to 20 and marked Ex.P.1 to P.8 and produced material objects 1 to 3. The statements of the accused under Section 313 Cr.P.C were recorded and the accused did not choose to let in any evidence. The Learned Trial Judge on going through the oral and documentary evidences, convicted the accused and sentenced them as stated above. Against the said conviction and sentence the present appeal is filed.

4. The Learned Counsel for the appellants submitted that the offences under Section 147 and 306 I.P.C. are not at all made out against the accused persons. There is absolutely no material to show that the deceased committed suicide. In order to attract the ingredients of the Section 306 I.P.C. as per the version of PW-1, the accused had beaten the deceased using cricket bat, iron rod and wooden log and thereafter his son was missing. Even after search made by them in the temple tank, they did not find him. In fact, PW-1 also searched the deceased in the temple tank and he did not find him. But he did not lodge any complaint for the alleged attack by the appellants and missing of his son. Therefore, the entire case has been foisted against the appellants since the deceased and the 4 others were involved in the case relating to outraging the molesty of woman in Crime No. 11 of 2008 registered for the offences under Sections 241, 323, 506(1) of I.P.C. Section 8 (1) of the Women Harassment Act