The conviction for murder under Section 302 IPC was upheld based on credible eyewitness testimony and established motive, affirming the trial court's findings despite minor contradictions in evidence.

JUDGMENT :

P. VELMURUGAN, J.

These Criminal Appeal are directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Karur in S.C.No.07 of 2021 dated 19.04.2022 .

2. For the sake of convenience, the accused are referred to as per their rank before the trial Court. Since all the appeals arise out of one and the same judgment they are clubbed and heard together and disposed of by this common judgment.

3. By the above said judgment, the trial Court acquitted A2, convicted the accused 1 and 3 to 5 for the offence under Section 302 of the IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.5,000/- each, in default to undergo six months rigorous imprisonment.

4. The case of the prosecution in brief:-

4.1. The de facto complainant is the wife of the deceased, Baskaran, and resides at Kaliyammal kovil street, Nerur. The accused 1 and 2 are son and mother respectively. The accused 3 to 5 are friends of the first accused. There was enmity between the deceased Baskaran’s family and the family of the accused 1 and 2. Two months before the incident, there was a quarrel between the deceased and the father of the first accused in which, the deceased was said to have damaged the house of the first accused and attacked him. It was subsequently pacified. On 07.05.2020, when the second accused was in her house, the deceased Baskaran, picked up wordy quarrel with her. On hearing this, the accused 1 and 4 have questioned the same with the deceased Baskaran, about it. The deceased Baskaran was said to have assaulted both of them with his hand. Thus, the accused 1 to 5 were said to have formed a common intention to kill the said Baskaran. In continuation of that, on 07.05.2020, at about 8.00 p.m., the accused 1 and 3 took wooden logs, fourth accused took aruval and second accused accompanied them and the first accused told that the deceased was said to have assaulted his father and also defamed his name. Further, the deceased was said to have propagated ill-words against his family. So, “he should die” and “his death was in their hands”. They attacked him on the head and face with wooden log. The second accused took wooden log from the first accused and was told “do not spare him” and attacked his head. The third accused also attacked with wooden log on the head and mouth of the deceased. The fourth accused has attacked the deceased on his face and head through aruval he had taken. The fifth accused took aruval from fourth accused and he attacked on the left side head of the deceased’s head. The injuries were fatal and caused the death of Baskaran. Thereafter based on the complaint given by the defacto complainant, the respondent police registered a case against the accused persons in Crime No. 240 of 2022 for the offences under Sections 148 and 302 of IPC.

4.2. After completion of the investigation, the respondent police laid the charge sheet before the learned Judicial Magistrate No.II, Karur and the same was taken on file in P.R.C. No.16 of 2020

4.3. On the appearance of the accused, the provisions of Section 207 of Cr.P.C. were complied with, and the case was committed to the Court of Session, where it was taken on file in S.C.No.7 of 2021 and for made over to the learned Sessions Judge, Karur trial under Section 209A of Cr.P.C. The trial Court framed charges against the accused for the offence punishable under Secti