Point of law : Murder /Attempt to Murder - Conviction set aside – Delay in filing FIR - unexplained delay in registering the F.I.R. and dispatching the same to the concerned Court, and suppressing two earliest statements given by PWs. 2 and 3 cast a serious doubt on the prosecution case, and there was a possibility of improvement in the prosecution case and introduction of new version of deliberation and consultation.

JUDGMENT :

V. BHARATHIDASAN, J.

Prayer: Criminal Appeals filed under Section 374(2) and 374 of the Code of Criminal Procedure against the judgment of the learned III Additional District and Sessions Judge (PCR Court), Madurai District in Spl. S.C. No. 77 of 2017 dated 18.04.2018.

1. The appellants are Accused Nos. 1 to 3 in Spl. S.C. No. 77 of 2017, on the file of the learned III Additional Sessions Judge (PCR), Madurai. They stood charged for the offences under Section 341 r/w 34 I.P.C. r/w Section 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (herein after referred to as SC/ST Act), Section 3(1)(s) of SC/ST Act r/w 34 I.P.C. and Section 307 r/w 34 I.P.C. r/w 3(2)(v) of SC/ST Act. The trial Court convicted all the accused under Section 341 r/w 34 I.P.C. r/w Section 3(2)(va) of SC/ST Act and sentenced them to undergo one month Simple Imprisonment and also to pay of fine of Rs. 500/- each, in default to undergo 7 days Simple Imprisonment. Further convicted them under Section 3(1)(s) of SC/ST Act r/w 34 I.P.C. and sentenced them to undergo three years Rigorous Imprisonment and to pay a fine of Rs. 1000/- each, in default to undergo six months Simple Imprisonment and convicted under Section 307 r/w 34 I.P.C. r/w 3(2)(v) of SC/ST Act and sentenced to undergo Life Imprisonment and to pay a fine of Rs. 3,000/- each, in default to undergo one year Simple Imprisonment, the sentences were ordered to run concurrently. Challenging the aforesaid conviction and sentence, A1 filed Crl. Appeal (MD) No. 262 of 2018, A2 filed Crl. Appeal (MD) No. 507 of 2018 and A3 filed Crl. Appeal (MD) No. 234 of 2018

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

PW-1 Karuppasamy, the injured eye-witness, belongs to Sakkimangalam Village, related to one Soundrapandian and he belonged to Scheduled Caste “Pallar” community. Earlier A1's sister, belongs to a Backward Community, married one Parthiban of Sakkimangalam, who belongs to “Pallar” community. Alleging that PW-1 and the said Soundrapandian helped Pathiban and arranged the marriage, in order to take a revenge on him, on 18.08.2017, at about 8.30 a.m. while PW-1 was standing near Karuppayurani bus stop, all the accused, belongs to Backward Community, came in a two-wheeler and A.1 tried to attack PW-1 with bill-hook on the head, while he evaded the attack, he sustained injury in the left hand wrist. A2 also tried to attack him on his neck, but PW-1 pushed him down and ran towards PW-2, who was working as traffic police constable and on duty near the scene of occurrence. On seeing PW-2, all the accused ran away. At that time, PWs. 3 to 6, related to PW-1, got down from Mini Bus near the scene of occurrence, also saw the occurrence. Immediately, PW-1 was sent in a 108 Ambulance to Government Rajaji Hospital at Madurai and he was admitted by PW-9 Dr. Sumathi and she has issued the Accident Register Extract (Ex.P.5).

3. Thereafter, PW-10, the Sub-Inspector of Police, attached to Karuppayurani Police Station, on receipt of information from the Hospital, went there and recorded the statement of PW-1 and at about 12.00 noon registered a criminal case in Crime No. 306 of 2017 under Sections 341, 294(b), 324, 307 I.P.C. r/w with 3(1)(r). 3(1)(s) and 3(1)(v) of SC/ST Act and sent the First Information Report (Ex.P.6) to the concerned Court and copies to the higher officials. Since, the crime has been registered under the provisions of SC/ST Act, he handed over the investigation to PW-15.

4. PW-15, the Deputy Superintendent of Police, Umatchikulam Circle, on receipt of the First Information Report, commenced the investigation and visited the place of occurrence and prepared Observation Mahazar (Ex.P.2) and Rough Sketch (Ex.P.11) in presence of PW-7 and one Veluraja and she recorded the statements of PWs. 1 to 7 and PW-10, the Sub-Inspector of Police. Thereafter, she obtained community certificates (Ex.P.9) of PW-1 and A1 to A3 from Tahsildar, Madurai East (PW-14). In t