JUDGMENT :

V.BHARATHIDASAN, J.

The appellants, are A-1 and A-2, in S.C.No.126 of 2015, on the file of the learned Additional District and Sessions Judge, Ramanathapuram. They stood charged and convicted for the offence under Section 302 r/w 34 I.P.C and sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000/- each, in default to undergo one year simple imprisonment. Challenging the aforesaid conviction and sentence, the appellants are before this Court with this Criminal Appeal.

2. The case of the prosecution in brief as follows: The deceased by name Ramanathan, is the son of P.W.1. The deceased and the accused belong to same village. On 11.06.2014, at about 3.00 p.m., there was a quarrel between A-1 and the deceased, in which, the deceased said to have taken the two-wheeler belongs to A-1. Subsequently, there was a mediation by P.W.1 and the vehicle was handed over to A-1. With that motive, in the intervening night of 11.06.2014 and 12.06.2014 at about 2.15 a.m., while the deceased was sleeping in the terrace of his house, both A-1 and A-2 attacked him with a Bill Hook. When the deceased raised alarm, P.W.1-mother of the deceased and P.W.2, related to the deceased, who were sleeping downstairs, came out and saw both A-1 and A-2 ran away with Bill Hook. Immediately, they called P.Ws.9 and 10, who are the neighbours. Since P.W.1 is a old lady and could not climb to upstairs, P.W.2 along with P.Ws.9 and 10, went to the upstairs and saw the deceased found dead with serious injuries, then, P.W.1 filed a complaint before the respondent police at about 7.00 a.m.

3. P.W.23, the Sub-Inspector of Police, received the complaint and registered the F.I.R(Ex.P13) in Crime No.52 of 2014, for the offence under Section 302 I.P.C., and sent the F.I.R to the Judicial Magistrate Court, and the copy to the Inspector of Police, for investigation.

4. P.W.24, the Inspector of Police of the respondent police station, on receipt of the First Information Report, commenced the investigation and visited the place of occurrence at about 7.30 a.m., prepared Observation Mahazar (Ex.P.16) and Rough Sketch (Ex.P.14) and collected bloodstained bed sheet (M.O.1), bloodstained cement slab(M.O.4), Ordinary cement slab (M.O.5) in the presence of witnesses. On the same day, between 8.00 a.m., and 10.00 a.m., he conducted inquest on the dead body in the presence of Panchayatars and witnesses and prepared Inquest Report (Ex.P.15) then, he sent the dead body to Government Hospital at Ramanathapuram, through P.W.20. P.W.19-Dr.Subalakshmi, conducted autopsy on the dead body and prepared postmortem report (Ex.P.12) and she was of the opinion that the deceased appeared to have died due to the injuries to the vital parts of the body. Subsequently, A-1 and A-2, surrendered before the Judicial Magistrate Court, and P.W.24 took police custody, and A-1 voluntarily came forward to give confession admitting his guilt. He recorded the confession of the accused in the presence of witnesses and based on his confession, he recovered a Bill Hook (M.O.2) and sent the same to the Court under Form – 95 (Ex.P.21), and handed over the investigation to P.W.25.

5. P.W.25, the Investigating Officer, continued the investigation and recorded the statements of other witnesses and after completing the investigation, he filed the final report before the Court.

6. Considering the above materials, the trial Court framed charges as mentioned above and the accused denied the same as false. In order to prove its case, the prosecution examined as many as 25 witnesses, marked 21 documents and also produced 9 material objects.

7. Out of the witnesses examined, P.W.1 is the mother of the deceased. According to her, on 11.06.2014, at about 3.00 p.m., while the deceased was in his house, A-1, came there and there was a wordy quarrel between them, and, the deceased had taken A1's two-wheeler. Thereafter, P.W.3, mediated between them and got the two-wheeler from the deceased and handed over to A-1. With