The judgment underscores the significance of witness testimony and the corroboration of evidence in establishing guilt. It also clarifies the legal principles regarding delayed registration of an FIR.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. against the judgment and order dated 20.10.2018 passed by the I Additional District and Sessions Judge, Hosur in S.C.No.7 of 2007.)

P.N. Prakash, J.

1. This criminal appeal is directed against the judgment and order of conviction and sentence dated 20.10.2018 passed by the I Additional District and Sessions Judge, Hosur in S.C.No.7 of 2007.

2. The prosecution story runs thus:

2.1. The deceased Rajappa belongs to Kolla Naidu community and the accused viz., A1 to A13 are from Reddy community and both of them hail from Oozhiyalam village in Krishnagiri District. Radha (P.W.3), wife of Rajappa, was the President of the local Outreach Women Self-Help Group.

2.2. The said self-help group purchased a land in the Oozhiyalam village and wanted to build a compound wall around the said land, for which, the contract for building the same went to the Naidu community people, on account of which, there were quarrels between the Reddys and Naidus. One such quarrel had ensued sometime in the year 2002, in connection with which, criminal cases were registered against both parties in the Bagalur Police Station and both parties were facing prosecutions in the Court of the Judicial Magistrate, Hosur.

2.3. While that being so, on 14.09.2004, around 10 a.m., Rajappa left home in his TVS-50 motorcycle (M.O.8) along with his elder brother Narayanappa (P.W.1). While the brothers viz., Rajappa and Narayanappa (P.W.1) were proceeding towards the Court, A-1 to A-5 waylaid them near the check post, sprinkled chilli powder on the face of Rajappa and hacked him to death.

2.4. Thereafter, the Reddy group went to the village and pelted stones at the house of Rajappa and Koopaliappa (P.W.4), loudly proclaiming that they had just finished off Rajappa and the same fate would befall the others too.

2.5. Narayanappa (P.W.1) escaped from the place of attack, ran to the village and informed Radha (P.W.3) about the attack and returned to the place of occurrence with Radha (P.W.3) and others.

2.6. With regard to the attack on the house of the Naidu community people, the son of Koopaliappa (P.W.4), rushed to Bagalur Police Station to lodge a complaint, whereas, Koopaliappa (P.W.4) came to the check post and found Rajappa dead on the road.

2.7. On information, Rajasekar (P.W.11), Village Administrative Officer, came to the place of occurrence, to whom, Narayanappa (P.W.1) gave a statement, which was written in Tamil and was treated as a complaint (Ex.P1). This statement of Narayanappa (P.W.1) was given by Rajasekar (P.W.11) to Duraisamy (P.W.15), Sub-Inspector of Police, HUDCO Police Station, based on which, a case in HUDCO P.S. Crime No.251 of 2004 was registered on 14.09.2004 at 13.00 hrs. for the offences under Sections 147, 148, 341 and 302 IPC against 5 accused viz., Nagaraja Reddy, Nagi Reddy, Sridhar Reddy, Krishna Reddy and Ranganatha Reddy and the printed FIR was marked as Ex.P16. The FIR reached the jurisdictional Magistrate at 03.30 p.m. on the same day i.e., on 14.09.2004, as could be seen from the endorsement thereon.

2.8. Investigation of the case was taken over by Muthamizh Mudalvan (P.W.16), Inspector of Police (in short “the I.O.”), who went to the place of occurrence and prepared the observation mahazar (Ex.P6) and the rough sketch (Ex.P17).

2.9. From the place of occurrence, the I.O. seized the following items under the cover of mahazar (Ex.P7):

i. TVS-50 motorcycle bearing registration No.TN29 Q 71417 (M.O.8),

ii. a pair of brown colour slipper (M.O.9),

iii. a blood stained stick (M.O.5), and

iv. a small polythene cover containing chilli powder (M.O.10).

2.10. The I.O. conducted inquest over the body of Rajappa and the inquest report was marked as Ex.P18. The body of Rajappa was sent to the Government Hospital, Hosur, where, Dr.Gnanameenatchi (P.W.13) performed autopsy and noted 7 cut injuries all over the body of Rajappa and also detected chilli