Eyewitness testimony corroborated by medical evidence can establish guilt beyond reasonable doubt in murder cases involving conspiracy and unlawful assembly.

JUDGMENT :

P. Velmurugan J.

This criminal appeal has been filed by the State against the judgment of acquittal passed by the learned VII Additional Sessions Judge, Chennai in S.C.No.398 of 2011 dated 17.03.2017 acquitting the respondents/A1 to A6 & A9 to A16 of all the charges framed against them, namely, under Sections 341 & 506(ii) IPC against A1 to A6, A9 to A16, 148 & 302 against A1 to A6, 147, 302 r/w 149 against A9 to A16, 397 & 324 against A5, 397 r/w 149 & 324 r/w 149 against A1 to A4 & A6 to A16, since A7 & A8 died during trial.

2. The Inspector of Police, J6, Thiruvanmiyur Police Station registered the case against the respondents, based on the complaint given by the wife of the deceased in Crime No.619 of 2010 dated 14.06.2010 for the offences under Sections 147, 148, 341, 324, 397, 307, 302 and 506(ii) IPC . After completion of investigation, the appellant Police laid the charge sheet before the learned 18^th Metropolitan Magistrate, Saidapet, Chennai for the altered offences under Sections 147, 148, 341, 324, 302, 506(ii), 397 r/w 34 against the respondents, which was taken on file in PRC No.205 of 2010. The learned Metropolitan Magistrate, after completing the formalities under Section 207 Cr.P.C., committed the case to the Principal Sessions Court, Chennai, since one of the offences under Section 302 was exclusively triable by the Court of Session. Therefore, the Principal Sessions Court, Chennai has taken the case on file in S.C.No.398 of 2011 and the same was made over to the 7^th Additional Sessions Judge, Chennai for disposal in accordance with law. The learned 7^th Additional Sessions Judge, Chennai, on going through the materials, framed the charges under Sections 341, 506(ii) against A1 to A6 & A9 to A16, 148, 302 against A1 to A6, 147, 302 r/w 149 against A9 to A16, 397, 324 against A5, 397 r/w 149, 324 r/w 149 against A1 to A4 & A6 to A16, since A7 & A8 died during trial. When the charges were read over to the respondents/accused, they denied the same as false. Therefore, the learned 7^th Additional Sessions Judge posted the case for trial and sent summons to the witnesses.

3. During the trial, in order to substantiate the above said charges, on the side of the prosecution, as many as 18 witnesses were examined as PWs.1 to 18 and 41 documents were marked as Exs.P1 to 41, besides 24 material objects were exhibited as MOs.1 to 24. After examining the evidence of prosecution witnesses, when the respondents/accused were questioned under Section 313 Cr.P.C with reference to the incriminating circumstances culled out from the evidence of prosecution witnesses, they denied the same as false. However, on the side of the respondents/accused, no oral and documentary evidence was let in.

4. On conclusion of trial and after hearing the arguments advanced on either side, the trial Court found the respondents/accused not guilty of any of the offences charged and acquitted them by stating that the prosecution failed to prove its case beyond all reasonable doubt. Aggrieved by the judgment of acquittal passed by the trial Court, the State has filed the present appeal. For convenience, the respondents/accused will be hereinafter referred to as arrayed before the trial Court in this judgment.

5. During the pendency of this appeal, since the respondents 2, 5, 7, 8 & 12 (A2, A5, A9, A10 & A14) died, recording the memo dated 07.01.2026, the appeal was dismissed as abated against them, as per order of this Court dated 20.01.2026.

6. The case o