JUDGMENT :

G.R. SWAMINATHAN, J.

The appellants-original accused have preferred these criminal appeals against the judgments passed by the Sessions Judge, Mahila Court, Tirunelveli. The accused were originally six in number. One of them, namely, Shanmugavel died during the pendency of the proceedings. The appellants herein were committed to trial in SC No. 81 of 2010 on the file of the First Additional Sessions Court, Tirunelveli. It was then made over to Mahila Court, Tirunelveli. After the examination under Section 313 of Cr.PC was over, the first accused Pichandi absconded. Therefore, the case against the first accused was split as SC No.81 A of 2010.

2. By judgment dated 27.07.2013 in SC No.81 of 2010, the learned Sessions Judge convicted and sentenced the accused. The second accused was convicted under Section 120 B and Section 302 of IPC. He was to sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for one year on each count. The life sentences of course were to run concurrently. The accused 3 to 5 were found guilty of offence under Section 120 B and each of them was sentenced to undergo life imprisonment and also to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for one year. After the first accused was secured, SC No.81 A of 2010 was taken up. He was also found guilty of the offence under Section 302 of IPC and sentenced to undergo the punishment of life imprisonment and to pay a fine of Rs. 10,000/- failing which to undergo simple imprisonment for a period of one year. The accused were acquitted of the other charges. Questioning the conviction and sentence, the first accused filed Criminal Appeal (MD)No.493 of 2017, the second accused Crl A(MD)No.218 of 2014, the third accused Crl A(MD)No.262 of 2013, the fourth accused Crl A(MD)No.33 of 2014 while the fifth accused filed Crl A((MD)No.263 of 2013.

3. The prosecution case briefly stated, is as under :

The accused have previous enmity with the deceased Sivasami and therefore wanted to do away with him. On coming to know that Sivasamy was at the Tea Shop of PW.2 Subbaiah Thevar, A1 and A2 namely Pichandi and Babu proceeded on a two wheeler to the occurrence spot on 14.07.2009 at about 07.00 A.M. Sivasamy was taking tea and reading a newspaper. He was sitting on the steps of the Tea Stall of P.W2. A1 and A2 yelled and ran towards him and hacked him on his right hand shoulder, neck, chest, right side of the left collar bone and on the left wrist and caused his instantaneous death. This was witnessed by the brothers of the deceased namely PW1 Gunasekaran and Sudalaikannu. P.W1 Gunasekaran and Sudalaikannu went to Melapalayam Police Station and lodged Ex.P1 complaint at about 07.30 A.M.

4. The complaint was registered as Crime No.544 of 2009(Ex.P14 F.I.R). P.W 18, the Inspector of Police, Melapalayam Police Station took up investigation and visited the scene of occurrence at about 09.00 A.M. In the presence of P.W5 Murugan and one Jeyaraman, observation mahazar Ex.P15 and Rough Sketch Ex.P16 were prepared. P.W 17 Esakki had signed in the Observation Mahazar, Ex.P15. At about 09.45 A.M on the same day, the investigating officer collected M.O 1 Blood stained sand, M.O.12 Sand without blood stain and M.O.13 newspaper. Inquest was conducted between 10.00 A.M and 12.15 P.M. Postmortem was conducted by P.W 11 at about 12.45 P.M. The Doctor opined that the deceased died on account of the aforesaid injuries and issued postmortem report Ex.P5. P.W 18 examined P.W 3 Sudalai Kannu and came to know that on 11.07.2009 at about 11.00 A.M near the Banana Plantation of Perumal Pandiyan all the accused conspired to murder Sivasamy. Therefore, FIR was altered from Section 302 and the offence under Section 120 B was added and the alteration report was sent to the Judicial Magistrate No. 5, Tirunelveli. Investigation Officer examined various witnesses and recorded their statements. By then, the first accused ha