Prosecution must establish a complete chain of circumstantial evidence for conviction, and reliance on inadmissible confessions undermines the case.

JUDGMENT :

R. Sakthivel, J.

[Common Prayer:- Criminal Appeals filed under Section 374 of the Code of Criminal Procedure, 1973 [Act No.2 of 1974] praying to call for the entire records connected with the proceedings of the Judgment of conviction passed by the II Additional District & Sessions Court, Thoothukudi in S.C.No.295 of 2018 dated 04.09.2019 and set aside the same and acquit the appellants from all charges.]

By this common Judgment, both appeals are being disposed of.

2. The Criminal Appeal in Crl.A.(MD) No.89 of 2020 is preferred by 'Accused No 1 - Sakthi Venkatesh alias Venkatesh' and the Criminal Appeal in Crl.A.(MD) No.313 of 2021 is preferred by 'Accused No 2 - Anthonyraj' assailing the 'Judgment dated 04.09.2019' [henceforth referred to as 'impugned Judgment' for the sake of brevity] passed by 'II Additional District and Sessions Court, Thoothukudi' [henceforth referred to as 'Trial Court' for the sake of brevity] in Sessions Case No.295 of 2018 in which both the appellants [henceforth referred to as A1 and A2 as per Trial Court's description for the sake of clarity and convenience] were convicted for the offence punishable under Section 302 of 'The Indian Penal Code' 1860 (Act No.45 of 1860) [henceforth referred to as 'IPC' for the sake of brevity] and sentenced as follows:-

3. The prosecution case, in brief, is as follows:

3.1. The deceased-Raja was living with his Father-Bakiyanathan (P.W.1), Mother-Marianesam (P.W.2), Wife-Muthumari (P.W.3) and two kids as a joint family in 5th Street, Shanmugasigamani Nagar, Kovilpatti. The deceased was earning his living by driving his own autorickshaw and by setting up sound systems. A1-Sakthi Venkatesh alias Venkatesh, A2-Anthonyraj, A3-Maarimuthu, A4-Anandaraj alias Thangaraj, A5-Sudalaimani [henceforth collectively referred to as 'accused' for the sake of convenience and clarity] and the deceased are friends.

3.2. The deceased often used to go to the street in Karunanidhi Nagar, Kovilpatti where the accused were residing and verbally abusing the accused. Further, two months before the occurrence, the deceased knocked A2 off bike, picked up a quarrel and verbally abused A2 and his friends, calling himself a big shot of the street and the next “Rocket Raja”. Enraged by all these, at 19.30 hours on 06.06.2017, accused gathered near the flag post in Karunanidhi Nagar where they usually gather, conspired and resolved to end the deceased’s life.

3.3. On 07.06.2017, the deceased came home after work, got some money from his mother (P.W.2), and left the house at 20.30 hours in his Pulsar bike bearing Registration No.'TN 67 AS 9229' (henceforth referred to as Pulsar bike for the sake of brevity). On the aforementioned date, at 23.30 hours, the accused gathered near the flag post in Karunanidhi Nagar where they usually gather and were consuming alcohol in the glow of the street lamp. At that time, the deceased came there in his Pulsar bike. The accused, seeing this as a good opportunity to end the deceased’s life, got the deceased into a highly inebriated mood by giving him a high amount of alcohol. Then, on being so drunk and inebriated, the deceased passed derogatory remarks abou