The admissibility of the deceased's statement as to the circumstances of the transaction which resulted in his death and the relevance of the circumstances of the transaction in establishing the complicity of the accused.

JUDGMENT

(Common Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. against the judgment of conviction and sentence passed by the learned IV Additional Sessions Judge, Tirunelveli, made in S.C.No.467 of 2018 dated 19.02.2019.)

Common judgment

R. Subramanian, J. & N. Sathish Kumar, J.

1. All these three appeals arising out of the judgment passed in S.C.No. 467 of 2018 on the file of IV Additional Sessions Judge, Tirunelveli, dated 19.02.2019. A1 to A6 were tried for the offences under Sections 147, 148, 341, 332, 333, 302, 353, 370 IPC r/w 34 IPC. The trial Court found A1, A2, and A4 to A6 guilty of the offences under Sections 148, 302, 147 and 302 r/w 149 IPC. A3 was acquitted by the trial Court. The appellants/A1, A2 and A4 to A6 stood convicted and sentenced to undergo imprisonment as detailed hereunder:

(Both the sentences were directed to run concurrently.)

Challenging the said conviction and sentence, the present appeals have been filed by the appellants. As all these appeals arising out of the same judgment, all these appeals have been heard together and disposed of by this common judgment.

2. The brief facts of the prosecution is as follows:

(i) The deceased is a Grade I Police Constable attached with the Special Branch, working in Vijayanarayanam Police Station. On 06.05.2018 at about 10.40 p.m., he found A1 to A3, carrying illegal sand in a Tractor and immediately, to prevent such illegal mining, the deceased chased them in his Motorcycle. While chasing A1 to A3, he informed P.W. 24, Inspector of Police, Vijayanarayanam Police Station, over the cellphone that A1 to A3 transporting stolen river sand in a Tractor bearing Registration No.TN 72 A 1661. Immediately, P.W.24 contacted P.W.1 and one another Constable Muthiah and instructed them to follow the sand smugglers. After receipt of such information from P.W.24, through the mobile phone, P.W.1 along with one Muthiah went in a Motorcycle from Kakan Nagar to Pondicherry Road. However, he could not find the deceased. Initially, he tried to contact the deceased over cellphone, which was ringing for some time and thereafter, it was switched off. He also went to the place of accused and found A1 to A3 were not present there.

(ii) The next day morning at 5.30 a.m., P.W.1 found the dead body of the deceased with injuries on the head in the land owned by P.W.7. He also found three pairs of slippers near the dead body, driving license of one Amithapatchan, cellphone of the deceased, torchlight and the Tractor, bearing Registration No.TN 72 A 1661 with axle cut Trailer. On seeing that, immediately, he lodged the complaint, which was marked as Ex.P.1. and he also found M.O.1 to M.O.18 in the place of occurrence.

(iii) In the meanwhile, P.W.2, who is the resident of the village and President of Society, on 06.05.2008 at 10.00 p.m., while he was returning from Valliyoor To Kakan Nagar, Pondicherry Road, went to P.W.7's land to assess the maize crop. At that time, he saw a Tractor with axle cut Trailer and 3 persons, who were travelling in the Tractor, got down from the Tractor and went to the maize field. Through the Tractor's light, he saw A1 to A3 hiding in the maize field. The deceased came in a Motorcycle chasing the Tractor and while he was searching the accused with his torchlight, all the accused came from the maize field. Besides A4 to A6 also came in a two wheeler and A1 and A2 started beating the deceased. While A3 held the hand of deceased A1, A2 and A4 repeated