The severity of the victim's injuries and his statement implicating the appellants influenced the court's decision to modify their conviction.

JUDGMENT :

Prayer: Petition is filed under Section 378 of Criminal Procedure Code, against the Conviction and Sentence imposed by the learned Assistant Sessions, Kovilpatti in S.C.No.183/04, dated 06.08.2009 and acquit the appellants.

1. This Criminal Appeal is filed by the Appellants/Accused Nos.1 to 4, against the Judgment and conviction passed by the learned Assistant Sessions, Kovilpatti in S.C.No.183/04, dated 06.08.2009, convicting the appellants for the offence under Section 307 IPC., and sentenced them to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs. 1000/-, in default, to undergo one year Simple Imprisonment.

2. The appellants are A1 to A4 in this case. During pendency of the appeal, A4 viz., Periya Mariappan died. Hence, the appeal, as against A4, stands abated.

3. The facts of the case are briefly stated hereunder:-

(i) The appellants' sister Avudaiammal was given in marriage to P.W.1 and they have a child Manjula of 5 years. During the year 1997, P.W.1 had murdered the sister of appellants viz., Avudaiyammal, her minor daughter Manjula, screened the offense, by buried them inside the house, for which, the 1st appellant had lodged a complaint, on 30.11.1997, against P.W.1 and a case in Crime No.237 of 1997 had been filed. From thereon, there had been enmity between the appellants and P.W.1.

(ii) In taking revenge, on 18.07.2002, at about 12.00 Noon, when P.W.1 was walking on the road in Ottapidaram, in front of a shop of one Kasi Nadar, at that time, the appellants attacked him. The 4th appellant had instigated the 1st appellant to finish P.W.1. First appellant attacked with aruval on the head of P.W.1, which was warded off with his right hand, due to which, P.W.1 sustained a deep cut injury almost severing his right wrists; the 2nd appellant attacked P.W.1 on the right chest; the 3rd appellant attacked near lower part of the right ear extending upto head and the 4th appellant had taken a bill hook from the 3rd appellant and attacked on his stomach. Seeing the deceased falling down and motionless, the appellants had ran away from the scene of occurrence.

(iii) P.W.1 was taken to hospital by the brother's son Andi Murugan. P.W.7 was the Causality Medical Doctor, who treated him and issued Accident Register, Ex.P8. P.W.8, the Radiologist had taken X-Ray and given a report, Ex.P9. On receipt of information from the hospital, P.W.9, Sub-Inspector of Police, had gone to the hospital, received the complaint from P.W.1, recorded the statement of P.W.1 and registered Ex.P10, FIR. P.W.11, Investigation Officer, on receipt of FIR, had visited the scene of occurrence, prepared Observation Mahazar, arrested the accused, recorded their confession, made recovery and thereafter, on his transfer, P.W.12 had took up the investigation, carried out further investigation and filed the charge sheet.

4. In order to prove the case of the prosecution, on the side of the prosecution, as many as 12 witnesses were examined as P.Ws.1 to 12 and 18 documents were marked as Exs.P.1 to P.18 and M.Os.1 to 5 were marked. On the side of the accused, 2 witnesses were examined as D.Ws.1 and 2 and marked two documents as Exs.D1 and D2.

5. When the appellants were questioned under Section 313 Cr.P.C., about the incriminating circumstances appearing against them, they denied the same.

6. The trial Court, on the basis of the oral and documentary evidence, convicted and sentenced the accused as aforesaid, challenging the legality of the said conviction and sentence, the present appeal has been filed by the appellants.

7. The learned counsel appearing for the appellants would submit that P.W.1 had married the sister of the appellants and they were having a minor girl child Manjula of five years. P.W.1 had murdered the sister of the appellant and her child. To screen the offence, P.W.1 had buried the body of both inside the house. Thereafter, on complaint of the first appellant, the case came to be registered, the bodies were exhumed and the case is pe