The prosecution must establish a clear connection to the crime through corroborated evidence; failure to do so leads to acquittal of the accused.

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

Crl.A(MD)Nos.627, 705 and 713 of 2022 are directed as against the Judgment passed in S.C.No.29 of 2015 by the Additional District and Sessions Judge (Special Court for E.C and NDPS Act Cases), Pudukkottai, thereby, convicting the appellants/accused Nos.1,2 and 10 to 12 for the offence punishable under Sections 120(b) and 302 of IPC and sentenced the accused Nos.1 & 2 to undergo imprisonment for life and imposing a fine of Rs.5,000/- each, in default, to undergo three months Simple Imprisonment for an offence under Section 120(b) of IPC and further sentenced the accused No.1 to undergo imprisonment for life and imposing a fine of Rs.5,000/- each, in default, to undergo three months simple imprisonment for an offence under Section 302 of IPC. Accused Nos.10 to 12 are found guilty for the offence under Section 302 IPC sentencing them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default to undergo three months simple imprisonment.

2.The case of the prosecution is that the accused Nos.1,3,4,5 & 6 belong to the same community. The accused No.2 belongs to Scheduled Caste community and the accused Nos.7 to 9 belong to Udaiyar community. The accused Nos.1 to 9 are residing at Ganapathipuram, Pudukkottai District. The accused Nos.10 & 11 are hailing from Trichy. Accused No.12 is hailing from Thanjavur. Accused Nos.10 to 12 became friends when they were in prison. They had acquainted with the first accused through the friend of the first accused. The deceased is the own brother of the complainant and he was the President of the District All India Congress Committee and he was also elected as Panchayat President of Ganapathipuram during the year 1996, 2001. When Panchayat Election was held during the period of 1996, one Thavasi, who belongs to Kallar Community contested in the election against Anantha Raj but the said Thavasi lost the election. When Panchayat Election was held during the year of 2001, one Annadurai contested with the support of Kallar Community people against Anantha Raj but the said Annadurai lost in the election. Therefore, an enmity arose between the accused No.4, who is the younger brother of the Thavasi, accused No.9 Markandeyan, who is the relation of the Annadurai with deceased Anantha Raj. During the year 2006, the post of Panchayat President was allotted to the Scheduled Caste Community Women. Therefore, the wife of the elder brother of the second accused contested in the said election and she was elected as a President. Therefore, the second accused carried out the contract works in the name of the deceased and the contract bill amount came in the name of the deceased. Therefore, there was an enmity between the deceased and the second accused with regards to the payment of contract bills and other financial transactions. During the year 2011, for the very same Ganapathipuram Panchayat, another person contested in the election as against the second accused's brother's wife. The deceased extended his support to the said person. The first accused and their parties extended their support to the second accused's brother's wife. However, the wife of the brother of the second accused lost in the election and the person, who was supported by the deceased was elected as the Panchayat President. Therefore, enmity arose between the deceased and the accused parties. That apart, during Pongal festival of the year 2012, there was a dispute between the second accused