The prosecution must prove its case beyond reasonable doubt, while minor contradictions in witness testimony should not undermine the core evidence substantiating the charges.

JUDGMENT :

P.VELMURUGAN, J.

This Criminal Appeal is filed by the defacto complainant, who is the wife of the deceased, challenging the judgment of the learned III Additional District and Sessions Judge, Cuddalore at Virudhachalam, dated 04.01.2019, made in S.C.No.211 of 2017, whereby the accused Nos.1 to 6 (respondents 2 to 7 herein) were acquitted of all the charges.

2.1. The case of the prosecution is that the deceased Jayaraman and the accused were neighbours residing in the same village. There existed longstanding enmity between the two families on account of a land dispute. In an earlier incident arising out of the said dispute, the father of the first accused had died during a quarrel between the families. In connection with that occurrence, a criminal case was registered against the deceased Jayaraman and his family members, and they were arrested and later released on bail. Due to the said incident, hostility continued between the two families.

2.2. On 22.05.2013 at about 11.00 p.m., when the deceased Jayaraman and his wife (the appellant) were lying and talking in front of their house within the jurisdiction of Pennadam Police Station, all the accused assembled there forming an unlawful assembly with the intention of murdering the deceased. The first and second accused were armed with knives and the third accused with an iron rod, while the accused Nos.4 to 6 joined them and formed an unlawful assembly.

2.3. The first accused abused the deceased in an aggressive manner, stating that he should die in the same manner as his father, and attacked him with a knife, inflicting cut injuries on his forearm, right eyebrow and right ankle, and also causing fracture injuries to his left hand elbow and wrist. The second accused attacked the deceased with a knife and caused injuries on his left thigh and calf muscle, resulting in fracture injuries. The third accused attacked the deceased with an iron pipe and caused fracture injuries on the left side of his chest, left ribs and back. The accused Nos.4 to 6 caught hold of the deceased and restrained him, and then assaulted him by striking him with hands and feet, thereby facilitating the assault. When the wife of the deceased attempted to intervene and prevent the attack, the accused Nos.4 to 6 also assaulted her by striking her with hands and feet. The first accused also attacked her, stating that she was the cause of the incident and that she too should die, and inflicted a cut injury on her head with a knife. The second accused caused cut injuries on her left hand, and the third accused attacked her on the knee with an iron pipe, thereby causing injuries. Thereafter, the son of the deceased called a 108 ambulance, and both the deceased and his wife were taken to the Government Hospital, Cuddalore, for further treatment. However, while on the way to the hospital, at about 11.00 a.m. the next morning, the deceased Jayaraman succumbed to the injuries sustained by him. The wife of the deceased survived the incident.

3. In connection with the occurrence, a case was registered in Crime No.148 of 2013. After completion of investigation, the Investigating Officer filed a final report against the accused. The first accused was charged for the offences under Sections 147 , 148, 294(b), 307, 302 IPC . The second and third accused were charged for the offences under , 148, 326, 307 r/w 149 an