The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient and inconsistent evidence led to the acquittal of the accused.

JUDGMENT :

C.KUMARAPPAN, J.

PRAYER: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code to set aside the judgment and sentence dated 28.09.2018 imposed in S.C.No.12 of 2009 on the file of Principal District Sessions Judge, Thiruvannamalai.

The instant Criminal Appeal has been filed by the accused 1 to 4, 8 and 9 against the order of conviction passed by the Principal Sessions Judge, Tiruvannamalai in SC.No.12 of 2009 vide order dated 28.09.2018. There were originally 13 accused, out of whom, the 7th accused died during pendency of trial. Hence, the charge against him got abated. In respect of the accused 5, 6, 10 to 13, the Trial Court did not find them guilty and acquitted them. Therefore, the accused, who suffered conviction viz., accused 1 to 4, 8 and 9 have preferred the instant Criminal Appeal.

2 (a). According to the prosecution case, there was a long drawn dispute between the accused and the deceased family in respect of a passage, which leads to the village common graveyard. It appears that the accused's family purchased an extent of 1/2 acre from one Dhanabakkiam, which according to the accused, is part of the common passage proceeding to the graveyard. Hence, the accused objected the deceased in constructing a building thereon, as the same would obstruct the passage. On account of such enmity, on 13.04.2008 at about 7.00 a.m, all the accused came to the deceased Vellayan's house and started quarelling with him and thereafter, all the accused attacked the deceased Vellayan. Since the 2nd deceased Kamalakannan intervened, he was also attacked by all the accused. Thus, both “Vellayan” and “Kamalakannan” were severely injured. When they were taken to the hospital, Vellayan was declared dead, and later, the other deceased Kamalakannan died in the hospital. Immediately thereafter, one Chandranathan @ Murugan, who is the son of the deceased Vellayan, gave a statement before the Police station at about 14.00 hours. The statement was recorded by PW17-Mr.Munirathinam, who had registered an FIR in Crime No.109 of 2008 under Sections 147, 148, 323, 324, 427, 302 r/w 34 IPC. After registering the FIR, he forwarded the same to the concerned jurisdictional Magistrate as well as to the Investigating Officer.

(b) On receipt of the copy of FIR, the Investigating Officer Mr.Gunasekaran [PW18] rushed to the scene of occurrence at about 15.30 hours on 13.04.2008, prepared Observation Mahazar [Ex.P16] and Rough Sketch [Ex.P17] in the presence of Mr.Durai [PW13] and Mr.Ramamoorthi [PW14]. He has also collected the blood stained soil, as well as the sample soil at the scene of occurrence and ATM card of one of the accused were also recovered in the presence of the very same witnesses. He then conducted inquest upon the body of the deceased Vellayan, and made arrangements for the postmortem. On 14.04.2008, he proceeded to the Vellore Government Hospital and conducted inquest upon the body of the deceased Kamalakannan, and made arrangements for his postmortem. On the very same day at 10.00 a.m, he arrested the accused Elumalai [A1], Pichandi [A3], Arunagiri [A7], Manjunathan [A8] and Mani [A6] at Elluparai Bus Stand. Thereafter, the 1st accused Elumalai gave a confession statement in the presence of Mr.Panduranga Udayar [PW8], and one Kathavarayan. After recording the confession statement, a discovery of fact was effected by recovery of a wooden log, iron chain and iron pipe near Siruvallur river bund. The Investigating Officer has also recovered blood stained shirt and lunghi of the first accused and made arrangements to forward the same to the concerned jurisdictional Magistrate.

(c) After that, another Investigating Officer Mr.Annadurai [PW19] took up investigation and made arrangements to forward the recovered material objects for forensic analysis. He arrested the accused Pachamuthu [A4], S.Murugan [A2], Sampath [A9],