JUDGMENT :

(Prayer: Criminal Appeal is filed under Section 374(2) of Cr.P.C., against the judgement of conviction and sentence imposed on the accused by the Hon'ble Sessions Judge, Tiruvannamalai, Tiruvannamali District in Sessions Case No.178 of 2008 dated 29.04.2016.)

1. The appellants 1 to 4, on 27/04/2002, at about 7.00 a.m, came from their Village (Pakathur Madam) to the neighbouring Village (Thennathur Colony) to have toddy. When they came to the field of Selvaraj (P.W-1) to have their drink, Selvaraj objected them. Wordy quarrel erupted and later turned into a deadly fight. Govindaraj (A-1), took a wooden log and hit P.W-1 on the right side head. Seeing the commotion, Marimuthu rushed to the spot and tried to prevent Govindaraj from attacking further. Then, A-1 to A-4 all joined together and attacked deceased Marimuthu by wooden logs and hands. Then, Parasuraman (A-2) hit P.W-1 (Selvaraj) with wooden log on the right knee. P.W-1 came to the hospital earlier and got admitted in the hospital. The deceased Marimuthu, who sustained head injury and fell unconscious was brought to the hospital later. He succumbed to the injury. Complaint from P.W-1 was recorded and the investigation proceeded in Crime No.53/2002 for offences under sections 307, 324 and 323 of I.P.C and altered to Sections 447, 323, and 302 of I.P.C.

2. At this juncture, it is also to be noted that, A-1 and A-2 are brothers and they also sustained injuries in the said fight. For their injuries, they got admitted in the hospital. A case in Crime No.54/2002 for offence under sections 341 and 323 I.P.C was registered against P.W-1.

3. The investigation in Crime No.53/2002 against these appellants completed and on filing the final report, the matter was committed to Court of sessions.

4. The Principal District and Sessions Judge, Thiruvannamalai framed charges against A-1 to A-4, for offence punishable under Sections 447 and 302 I.P.C against A-1 and A- 2 for offences punishable under Section 323 I.P.C.

5. To prove the charges, the prosecution has examined 10 witnesses, marked 13 documents as exhibits and 3 material objects were produced.

6. The Trial Court, on appreciating the evidence held that, the murder of Marimuthu is not a pre-meditated murder. It is a culpable homicide not amounting to murder. The death caused in an incident which has taken place at spur of the moment without any intention. Therefore, altered the charge of Section 302 I.P.C to Section 304(ii) I.P.C and convicted and sentenced the accused A1 to A4 to undergo 10 years R.I.

7. All other charges were held not proved and accused were acquitted from other charges.

8. Aggrieved by the judgement of the conviction and sentence, the present appeal is preferred by A-1 to A-4.

9. The Learned Counsel for the appellants, assail the Trial Court judgement on two grounds. (i). The belated registration of the complaint and suppression of the earlier information given by P.W-1 to the police on his way to hospital. The contradiction in the testimony of P.W-1 and P.W-9 regarding the time and place of first information received leads to suspect manipulation of the facts. (ii). Failure of the Investigation Officer to disclose the injuries sustained by the accused. By suppressing the facts about the injuries sustained by the accused during the same transaction, the prosecution has screened the real aggressor. The omission to proceed with the investigation in the case in counter registered in Crime No.58/2002, the accused were deprived of their valuable right of fair trial.

10. The Learned Counsel for the appellant submitted that, P.W-1 the first informant also alleged to have injured in the incident occurred on 27/04/2002 at about 7.00 a.m in his field. He, in his examination-in-chief had clearly stated that on 27/04/2002 before going to the hospital, he, went to the Desur Police Station and informed the police about the incident. They registered the complaint and got his signature. P.W-1 has identified Ex.P-1 in the Court