The prosecution's failure to explain injuries sustained by the accused raises doubts about the truthfulness of the prosecution's case, and minor discrepancies in witness testimonies do not necessarily undermine their trustworthiness.

JUDGMENT :

(Prayer: Appeal filed under Section 374(2) of the Code of Criminal Procedure, to set aside the judgment and conviction dated 10.02.2015 by the learned Sessions Judge, Kanyakumari District at Nagercoil in S.C.No.29 of 2005 and acquit the appellants.)

1. This appeal is filed as against the conviction and sentence imposed on the appellants in S.C.No.29 of 2005 by judgment dated 10.02.2015 passed by the learned Sessions Judge, Kanyakumari District @ Nagercoil.

2. The appellants are the accused in S.C.No.29 of 2005, on the file of the learned Sessions Judge, Kanyakumari District @ Nagercoil and the accused No.1 was tried for the commission of offence under Sections 449, 302, 307 r/w 34 IPC and accused No.2 was tried for the commission of offence under Sections 449, 302 r/w 34, 307 and 324 IPC and in conclusion of the trial, the trial Court by judgment dated 10.02.2005, convicted and sentenced the accused/appellants as follows:

3. Aggrieved over the conviction and sentence, the appellants have filed this present criminal appeal.

4. The brief facts of the prosecution case are that PW1 Alphonsal is the sister of the appellants and the appellants are native of Mulluvilai Village. PW1 was married to the deceased Wilson twenty years prior to the occurrence and after the marriage they lived in the village of the deceased and thereafter, they sold the property and settled down at Mulluvilai Village near the house of the appellants. The appellants/accused with an intention to vacate the deceased from the village, created problems and assaulted the deceased on 10.04.2004 at about 5.00pm. In the course of the incident, Alphonsal [PW1] wife of the deceased has also sustained injury and PW2 and PW3 daughters of the deceased have also witnessed the occurrence. PW1 along with deceased was taken to the Government Hospital at Arumanai by her relative one Devaraj and the Doctor [PW11] treated PW1 and referred her to Kanyakumari Medical College Hospital for further treatment. The deceased was reported dead. On the intimation from the Government Hospital, the Sub Inspector of Police, Janaki [PW15] went to the Government Hospital, Arumanai at about 7.30 pm on 10.04.2004 and recorded the statement from PW1 in ExP1, returned to Arumanai Police Station and registered a case in Crime No.103 of 2004 for the offence under Sections 449, 302 and 307 IPC. One Shanmugamani, Inspector of Police, Thiruvettaru Police Station, additional charge of Arumanai Police station and another Inspector of Police one Jacob have conducted investigation in this case. But, unfortunately both of the aforesaid Inspectors of Police were no more during the trial. Therefore, the investigation conducted in this case was explained by Janaki [PW15], Sub Inspector of Police, who is aware of the handwriting of those Inspectors of Police.

5. According to PW15, the Inspector Shanmugamani, in charge Inspector at that time conducted an inquest, visited the place of occurrence, prepared observation mahazar [Ex P6] and rough sketch [Ex P21] in this case. The arrest was effected by the Inspector of Police Jacob on 14.04.2004 and the final report was filed by the Inspector of Police on 04.06.2004 before the learned Judicial Magistrate No.I, Kuzhithurai and the same was taken on file in PRC No.11 of 2004. Subsequently, the case was committed to the Court of Sessions