JUDGMENT :

PRAYER in Crl.A.No.77 of 2016: Criminal Appeal filed under Section 374(2) of Cr.P.C., to admit and allow the appeal by setting aside the judgment passed by the Learned Additional District and Sessions Judge, Dharmapuri in S.C.No.51 of 2015 by its judgment dated 15.12.2015.

PRAYER in Crl.A.No.380 of 2016: Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment of conviction, wherein the appellants were found guilty under Section 304(i) of the Indian Penal Code and sentenced to undergo 5 years Rigorous Imprisonment with a fine of Rs.500 with a default sentence of 3 months Rigorous Imprisonment by the learned Additional Sessions Judge-Dharmapuri District in S.C.No.51 of 2015 by her judgment dated 15-12-2015.

Criminal Appeals are filed by the appellants (A1 to A5) to set aside the judgment, dated 15.12.2015, made in S.C.No.51 of 2015 by the learned Additional Sessions Judge, Dharmapuri.

2. Crl.A.No.77 of 2016 is filed by A3 to A5 and Crl.A.No.380 of 2016 is filed by A1 & A2. For the sake of convenience, the appellants are referred to, as per their rank, in the charge sheet.

3. The gist of the case is that A1 & A2 were residing at Karikapatti Village, Palacode Taluk, Dharmapuri District and A3 to A5 were residing at Thimlamedu Village, Dhamapuri District. A1 and A2 are husband and wife and A3 to A5 are their relatives. The defacto complainant/PW1 is the brother-in-law of the deceased. In this case, A1, a lorry driver used to go duty for fifteen days in a month. A2, the wife of A1 and one Murugan (Hereinafter referred to as 'Deceased') had illicit relationship for the past ten years. On coming to know about the same, A1 warned his wife/A2 not to have any relationship with the deceased, thereafter, A2 started to avoid the deceased. While this being so, the deceased constantly harassed and used to approach A2. The complaint (Ex.P1) of PW1/defacto complainant is that he and the appellants were having adjacent lands and carrying on with agricultural activities. His brother-in-law/deceased used to visit him often. On 03.01.2015, at about 11.00 p.m., when PW1 and his wife/PW2 were keeping guard over the field, they saw one Tata Ace (MO2) entering the field and house of A2. Within a short while, PW1 to PW3 heard some fighting words and noise. All the three had gone there and saw the deceased was assaulted by A1 and A2. A1 placed his leg on the neck and kicked the deceased indiscriminately. A2 kicked on his chest and A3 to A5 joined them and attacked the deceased indiscriminately all over his body. The deceased asked some water, PW3 fetched the same, which was pushed away by A4. PW1 to PW3, who were present there, were helpless. Thereafter, PW1 went to the respondent Police Station and lodged the complaint (Ex.P1). PW10 received the complaint (Ex.P1). registered FIR (Ex.P9) in Crime No.4 of 2015 and forwarded the same to PW12. PW12, the Investigating Officer, on receipt of Ex.P9, visited the scene of occurrence, in presence of PW4 prepared Observation Mahazar (Ex.P2), Rough Sketch (Ex.P15), recorded the statement of the witnesses present in the scene of occurrence, conducted inquest on the body of the deceased and made arrangement to send the body for postmortem. PW9 is the Postmortem Doctor conducted autopsy and issued postmortem certificate (Ex.P8) that 'the deceased would appear to have died of shock and haemorrhage due to multiple injuries'. In the meanwhile, on getting information, PW12 arrested A1 to A5 who were standing in a bus stand in presence of PW5 and another witness, recorded the confession statement of A1 (Ex.P4), seized the bike (MO1), Tata Ace (MO2) and dress of the deceased (MO3 to MO5). After autopsy, PW6, the constable handed over the body to the relatives of the deceased. PW8, the Chemical Analyst gave viscera report (Ex.P6) 'alcohol or other poison was no detected'. On examination of witnesses and collection of above said documents, charge sheet was filed before the trail Court.

4. During trial