The central legal point established in the judgment is the requirement for reliable eyewitness testimony and proper identification procedures to prove guilt beyond reasonable doubt.

JUDGMENT

(Common Prayer: Criminal Appeals filed under Section 374(2) of Code of Criminal Procedure, 1973, to call for the records in S.C.No.123 of 2015, on the file of the learned Principal District and Sessions Judge, Thiruvarur dated 30.07.2019 and set aside the judgment dated 30.07.2019.)

Common Judgment:

Sunder Mohan,J.

1. These appeals have been filed by Accused Nos.2 and 3, challenging the conviction and sentence imposed upon them vide judgment dated 30.07.2019 in S.C.No.123 of 2015 on the file of the learned Principal District and Sessions Judge, Thiruvaur.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3. (i) The case of the prosecution is that A1/Krishnaraja was a notorious criminal and had several cases against him; that A1 wanted to do away with the deceased, whom he thought was a police informer; that on 12.01.2014, A1 along with the appellants, went to the house of the deceased Selvaraj at 6.30pm and the deceased was standing near his compound gate; that A1 attacked the deceased with a sickle on the head of the deceased; that A2/appellant in Crl.A.No.627 of 2019 attacked the deceased on his left shoulder; that A3/appellant in Crl.A.No.670 of 2019 attacked the deceased on the left leg; and that the deceased died due to the head injury suffered.

(ii) It is the further case of the prosecution that PW14 while he was working as a Special Sub Inspector of Police at Koradacheri Police Station received an information around 6.20pm that three persons were causing disturbance in a house near the Veterinary Hospital situated at ONGC Road, Koradacheri and on receipt of information, PW14 along with PW15, who was also a Special Sub Inspector of Police in the same police station rushed to the place of occurrence and witnessed three persons attacking the deceased and when they shouted, all the accused ran away; that the appellants ran on the eastern side and when PW14 chased them, the appellants escaped in a twowheeler; that A1 ran on the western side and PW15 chased him; that when PW15 attempted to get hold of A1, he had attacked him on his left ear with a sickle and thereafter, escaped from the place; and that PW15, gave a complaint which was registered in a different crime number in the same police station.

(iii) PW1, the wife of the deceased, is said to have made a complaint at about 9.30p.m., on 12.01.2014 [Ex.P1], and on receipt of the complaint, PW18 registered the FIR [Ex.P13] for the offences under Sections 341, 302, and 506 (ii) of the IPC.

(iv) PW19 took up the investigation on the same day, i.e., on 12.01.2014. At about 10.00p.m., he went to the scene of the occurrence and in the presence of PW3 and PW4, prepared an Observation Mahazar [Ex.P15] prepared a Rough Sketch [Ex.P14] and seized the bloodstained earth [M.O.3] and the earth that was not blood stained [M.O.4] under Seizure Mahazar [Ex.P6].

(v) At about 10.45p.m., PW19 seized the two wheeler [M.O.5] which was not registered, under Seizure Mahazar [Ex.P7]. Thereafter, he examined the other witnesses and seized the bloodstained saree of PW1 [M.O.2] and the lungi and shirt of PW9 and PW10, respectively. He conducted an inquest and prepared the inquest report.

(vi) Thereafter, on 12.01.2014, PW19 arrested the appellants. On 17.01.2014, he produced A1 under PT warrant before the learned Judicial Magistrate-III, Tanjore, and took him into police custody. On the confession given by A1, the admissible portion, which was marked as Ex.P16, PW19 seized M.O.1, a bloodstained knife under Seizure Mahazar [Ex.P17]. Thereafter, he sent the bloodstained articles for examination to the Forensic Sciences Laboratory. After examination of the experts, he filed the final report against the 1staccused under Sections 449, 294(b), 302, and 506(ii) of the IPC and against the appellants/accused 2 and 3, for the offences under Sections 449, 294(b