In criminal cases, the prosecution must prove guilt beyond reasonable doubt, and failure to explain injuries to the accused can lead to acquittal.

JUDGMENT :

(Judgment of this Court was delivered by C.V.KARTHIKEYAN, J.)

PRAYER: Criminal Appeal filed under Section 372 of the Criminal Procedure Code, to call for the records pertaining to the acquittal order passed in S.C.No.144 of 2012 on the file of the Additional District and Sessions Court, Virudhunagar dated 02.02.2019 and to set aside the same as illegal and convict the accused.

The Criminal Appeal had been filed by the father of the deceased, Ramachandran, for whose alleged murder, the 2nd to 8th respondents/A1-A4 and A6-A8 and also the deceased, A5, stood trial before the Additional District and Sessions Court, Virudhunagar in S.C.No.144 of 2012.

2. By judgment dated 02.02.2019, all the accused were acquitted of all the charges. Questioning that particular judgment, the appellant, as victim and father of the deceased, Ramachandran had filed the present Criminal Appeal under Section 372 Cr.P.C.

3. Pending the appeal, the appellant died and his daughter, Muthu, sister of the deceased, Ramachandran had filed Crl.M.P.(MD)No.8765 of 2022 seeking permission to continue the appeal and to be substituted as appellant. That petition was ordered by a coordinate Division Bench of this Court by order dated 29.07.2022.

4. It must also be mentioned that originally eight (8) accused faced trial in S.C.No.144 of 2012 before the Additional District and Sessions Court, Virudhunagar. Pending trial, A5 died. The same had also been recorded by the trial Court. Even though the name of A5 was shown in the cause title in the judgment of the Sessions Case, he has not been shown as a respondent in this appeal. The charges against him stood abated.

5. It is the case of the prosecution that in Puliyuran Village, Aruppukottai Taluk, Virudhunagar District, there were two rival groups, one headed by the deceased, Ramachandran and the other headed by A1, Sathiyan @ Sathiyaseelan. The disputes between the rival groups escalated at the time of election for post of President and Vice President of the Panchayat. It had been stated that in the Panchayat President election, the sitting Panchayat President, Jeya, wife of A1 lost to Mariyammal, who was supported by the deceased and his group. This created deep enmity between the two groups. Again when on 30.11.2011, elections were held for the post of Vice President, PW-3, Soundarapandian, who was supported by the deceased, Ramachandran and his group, was elected. He defeated one Anand, who was supported by A1, Sathiyan @ Sathiyaseelan.

6. It is the further case of the prosecution that the enmity further deepened owing to the results of this election. It is contended that A1 entered into criminal conspiracy with A2 to A8 to commit the murder of the deceased, Ramachandran and his group.

7. It had been further stated that on 30.11.2011, at around 01.00 pm, when PW-1, Oorkavalan, (de-facto complainant) and the deceased, Ramachandran, Muthu (not examined), PW-10, Baskaran, PW-9, Murugan, PW-3, Soundarapandian and PW-4, Thangeshwaran were talking along with one Srinivasan (not examined) in front of the gallery/Kalaiarangam of their village, A1 to A8 came over there, formed an unlawful assembly armed with deadly weapons of iron rods and bill hook and on the instigation of A1, began to assault the deceased Ramachandran and others.

8. It is contended that A3 and A2 assaulted the deceased Ramachandran on his head and face with iron rod and he fell down and A4 to A8 (including the deceased A5) stamped him. The injuries led to his death. It is further contended that A4 with intention to murder, assaulted Muthu (not examined) with iron rod on the centre of the head and caused injuries. A6 also assaulted Srinivasan (not examined) and also PW-4, Thangeshwaran with iron rod on the left side of the head and left shoulder respectively. It is further contended that A8 assaulted PW-3, Soundarapandian with aruval and caused injuries. It is further contended that A7 assaulted PW-9, Murugan (declared hostile) on front parietal region and