Eyewitness testimony can suffice for conviction if credible and corroborated by medical evidence, emphasizing the need for reliability in such cases.

JUDGMENT

M.S.RAMESH, J.

Both the appellants herein were arrayed as accused Nos.1 and 2 respectively and were charged of having committed the offences under Section 449 r/w. Section 34 of IPC , 302 (2 counts) r/w. Section 34 of IPC , Section 307 r/w. Section 34 of IPC and Section 324 (2 counts) r/w. Section 34 of IPC by the respondent. The Trial Court, through its judgment dated 18.07.2019 passed in S.C.No.30 of 2017 on the file of the learned Additional Sessions Court, Namakkal, had recorded the guilt of both the accused and passed the following sentence:-

2. Challenging the aforesaid conviction and sentence, the present Criminal Appeal has been filed.

3. For the sake of convenience, the parties hereto are referred to as per their ranks before the Trial Court.

4.1 The brief case of the prosecution are as follows:-

4.2 The first accused is the father of the second accused. Ayyavu @ Periannan/first deceased (D1) and Sivakumar/second deceased (D2), who owned agricultural land adjacent to that of the accused, had disputes with the accused with regard to a pathway and thereby both the accused developed a common intention to eliminate the entire family members of the deceased.

4.3 On 03.04.2016 at about 00.30 hours, when D1 was sleeping on a cot in front of his house, both the accused had criminally trespassed into the agricultural lands of the deceased persons, with a common intention to eliminate their family members. At that time, D2, along with his wife Lavanya and child were sleeping inside the house. Marayee, wife of D1, was sleeping in a room inside the house. A1 stabbed D1 in the lower chest using a spear. A2 caused cut injuries on several parts of the body of D1 using a sword and thereby caused fatal injuries to D1. When Marayee attempted to intervene, A2 inflicted cut injuries on her right arm and right side of lower chest, whereby she sustained grievous injuries. At that time, when D2 and his wife Lavanya came out of their room and attempted to prevent the assault, A1 and A2 sprayed water mixed with chilli powder, cow- dung powder and glass powder on the face of D2 and his wife. Thereafter, A2 inflicted many cut injuries on the vital parts of the body of D2 with his sword. Both the deceased succumbed to these injuries and therefore, both the accused were charged for the various offences, as detailed above.

4.4 After framing of charges, the same were read over and explained to both the accused and they denied and pleaded that they were not guilty.

5. The case then proceeded for trial. In order to substantiate their case before the Trial Court, the prosecution had examined 23 witnesses namely P.W.1 to P.W.23 and marked 39 documentary evidences namely Exs.P1 to P39, apart from 21 material objects namely M.O.1 to M.O.21. On the side of the defense, no oral or documentary evidences were let in.

6.1 Before the Trial Court, Lavanya (P.W.1) was examined by the prosecution as eye-witness to the occurrence. According to her testimony, there was a long standing land dispute between the families of D1, D2, A1 and A2. On 03.04.2016 at about 00.30 hours, when P.W.1 heard her mother- in-law - Marayee (P.W.4) wailing, she along with D2, rushed out of their room to find her father-in-law (D1) lying down with cut injuries on his shoulders, face, legs and other places. At that time, she saw A2 assaulting her mother-in-law (P.W.4) on her shoulder and right breast with a sword and A1 threw water mixed with cow-dung powder on her and D2 and then assaulted