The appellate court overturned the acquittal of the accused by establishing that reliable eyewitness and medical evidence confirmed their formation of an unlawful assembly leading to murder.

JUDGMENT :

P. VELMURUGAN, J.

This Criminal Appeal has been preferred by the State challenging the judgment of acquittal dated 21.12.2017 passed in S.C.No.111 of 2014 by the learned District and Sessions Judge, Tiruvannamalai, whereby the respondents/accused (A1 to A9) were acquitted of the charges under Sections 147 , 148, 341 and 302 read with 149 IPC .

2. The case of the prosecution, in brief, is as follows:

2.1. Due to previous enmity between the parties, on 14.01.2011, the defacto complainant Vathukaran @ Elumalai (P.W.1) was attacked and sustained injuries at the hands of certain persons belonging to Adaiyur Village. In connection with the said incident, cases and counter cases were registered between both groups, which further worsened the dispute between them.

2.2. In the above background, on 23.04.2011, Ramesh, son of P.W.1, demanded repayment of a sum of Rs.3,000/- due from Lokesh, a resident of Adi Annamalai Refugee Camp. As the amount was not repaid, Ramesh took a two-wheeler bearing Registration No.TN-03-SE-509, which had earlier been given to Karthikeyan, son of Ravi, first accused. On coming to know of the same, the accused developed further enmity against Ramesh. On 24.04.2011 at about 10.00 a.m., A1 to A3 came to the house of P.W.1 and criminally intimidated him and his son Ramesh with dire consequences.

2.3. On 25.04.2011 at about 5.30 p.m., when P.W.1 and his son Ramesh went to a digital banner shop situated at Tiruvannamalai Nagar, all the accused, due to previous enmity and with the common intention of murdering Ramesh, formed themselves into an unlawful assembly armed with deadly weapons such as aruvals, knives and swords. On seeing the accused, P.W.1 and Ramesh attempted to escape. However, the accused chased and attacked Ramesh indiscriminately with deadly weapons. Due to the said assault, Ramesh sustained grievous injuries. Ramesh was immediately taken to the Government Hospital, Tiruvannamalai, where he was declared brought dead.

2.4. Based on the complaint lodged by the father of the deceased / P.W.1, a case was registered in Crime No.691 of 2011 for the offences under Sections 147 , 148, 341 and 302 IPC against A1 to A9. After completion of investigation, the police altered the provisions of law into , 148, 341 and 302 read with 149 and filed a final report before the learned Judicial Magistrate No.II, Tiruvannamalai. The learned Magistrate, after complying with Section 207 Cr.P.C., committed the case to the Court of Session, as the offences were exclusively triable by that Court. The case was thereafter taken on file by the learned District and Sessions Judge as S.C.No.111 of 2014.

2.5. During the course of trial, on the side of the prosecution, 20 witnesses were examined as P.W.1 to P.W.20, 42 documents were marked as Exs.P1 to P42 and 16 material objects were produced as M.O.1 to M.O.16.

2.6. After completion of the examination of the prosecution witnesses, the incriminating circumstances appearing in evidence were put to the accused under Section 313(1)(b) Cr.P.C., which they denied as false. No oral or documentary evidence was adduced on the side of the defence.

2.7. Upon full-fledged trial and on appreciation of the entire oral and documentary evidence, the learned District and Sessions Judge, by judgment dated 21.12.2017, acquitted all the accused holding that the prosecution failed to prove the charges beyond reasonable doubt.

3. Aggrieved by the said judgment of acquittal, the State has preferred the present Criminal Appeal.

4. The learned A