JUDGMENT :

J.NISHA BANU, AND N.ANAND VENKATESH, JJ.

PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, 1973, against the judgment and order dated 26.09.2019 in S.C.No.44 of 2019 on the file of the learned I-Additional District and Sessions Court (PCR), Tiruchirappalli.

This appeal has been filed against the judgment and order passed by the I-Additional District and Sessions Court(PCR), Tiruchirappalli, made in S.C.No.44 of 2019, dated 09.10.2019, convicting and sentencing the appellants for offence under Section 302 r/w 34 IPC (2 counts) and to undergo Life Imprisonment for each count and to pay a total fine of Rs.2000/-, in default, to undergo two years Simple Imprisonment.

2. The case of the prosecution is that the deceased Arumugam(D1) and Tirupathi(D2) are brothers and there was a previous enmity due to an earlier incident, whereby the deceased along with Lakshmanan are said to have murdered Natarajan and Nagarajan, who are the relatives of the accused persons. That apart, there was also a land dispute between the family of the deceased and the family of the accused persons. On 27.05.2015 at about 11.30 a.m., when the deceased were engaged in putting up a temporary structure, the accused persons entered the property with M.O.1 to M.O.3 and abused the deceased and attacked them indiscriminately, resulting in the death of both D1 and D2 on the spot.

3. P.W-1, who was the wife of D2, went along with her daughter and informed the police about the incident and it was reduced to writing and a complaint(Ex.P1) was prepared. The FIR(Ex.P15) was registered by P.W-17 at about 12.30 p.m. on 27.05.2015.

4. The investigation was initially taken up by P.W-19 and subsequently, was taken over by P.W-20 and a final report was laid before the Judicial Magistrate, Lalgudi. After the copies were served on the accused persons under Section 207 Cr.P.C, the matter was committed to the Principal District and Sessions Court, Thiruchirapalli and it was made over to the Court below.

5. The Court below framed charges against the accused persons for offence under Section 302 r/w 34 of IPC (2 counts).The prosecution examined P.W-1 to P.W-20 and marked Ex.P1 to Ex.P19 besides M.O.1 to M.O.3. The defendants examined D.W-1 and marked Ex.D1 to Ex.D3. The incriminating materials that were gathered during the course of trial were put to the accused persons while questioning them under Section 313(1)(b) Cr.P.C and they individually gave the written statements in reply to the questions put to them.

6. The Court below, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, gave a finding that the prosecution has proved the case beyond reasonable doubts and thereby, convicted and sentenced the accused persons in the manner indicated above. Aggrieved by the same, these Criminal Appeals have been filed before this Court.

7. Heard Mr.S.Ashok Kumar, learned Senior Counsel for Mr.N.Anandakumar, learned counsel for the appellants and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the State.

8. The prosecution has relied upon the evidence of P.W-1, P.W-2, P.W-3, P.W-4 and P.W-18 by treating them as eyewitnesses. P.W-1 is the wife of D2. She was the one who had set the law in motion by giving the complaint(Ex.P1). In the complaint, she had projected a case as if the accused persons entered the property and attacked the deceased and caused their death. This complaint is said to have been given on 27.05.2015 at 12.30 noon. There is not even a whisper about the injuries sustained by A2 and A3. However, a line has been inserted at the end of the complaint with a different ink as if A2 and A3 sustained injuries. The body of the complaint does not state as to how they sustained injuries. It is therefore clear that this was an insertion which took place at a later point of time.

9. P.W-1, during cross examination, has admitted that the police enquired her and prepared the complaint an