The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.

JUDGMENT :

M. JOTHIRAMAN, J.

1. The appellants, who are accused 1 to 9, have filed these criminal appeals challenging the conviction and sentence dated 04.07.2019 in S.C.No.305 of 2016 passed by the learned I Additional District and Sessions Judge, Tindivanam, in and by which the appellants are convicted and sentenced as under:

2. Brief case of the prosecution is as follows:

2.1. PW1/defacto complainant – Siva @ Sri Ram is the son of the deceased Krishnan. He deposed that the deceased had entered into a Sale Agreement with one Shanmugam of Mathur Village to purchase his land. The said Shanmugam did not sell the land to the deceased, but sold the land to A4. Hence, the deceased had filed a Civil Suit against the legal heirs of the said Shanmugam and one Kuppusamy six months prior to the occurrence. Hence A4 had developed enmity with them. Three months prior to the occurrence, while PW1 and the deceased were travelling in a two wheeler in Kalapattu Mathur Road, A4, A1, A2, A3, A7 A5, A8 attacked the deceased, in which the deceased sustained injuries. In this regard, PW1 lodged a complaint before Kottakuppam Police Station and the deceased was admitted in the hospital.

2.2. Ten days prior to the date of occurrence, Panchayat was convened and at that time, A4 threatened the deceased with dire consequences that if he enters into the disputed land, he would do away his life. In the Panchayat, A4 was directed to pay litigation expenses of Rs.30,000/- to the deceased, but A4 did not pay the amount.

2.3. On 19.08.2013, one Elumalai of their village died. PW1, deceased, PW2 – Rajendran and PW3-Natarajan went to attend the funeral of the said Elumalai on 20.08.2013. After garlanding the dead body, they were standing beside. At that time, A4 and his men picked up quarrel with them. Out of fear, the deceased ran away to the house of one Marimuthu- PW12. At that time, A1 picked up Iron Spade – M.O.4. lying there, A9 picked up iron pipe and gave to her son / A4 and demanded them to kill the deceased. A2, A3, A5, A6, A7, A8 each picked up a log and chased the deceased. PW1 and PW3 ran behind them. While the deceased was running, his lungi slipped down and ran with Jetty into the house of PW12. A1 scolded the deceased and attacked him with M.O.4 – Iron Spade on the back side of his head for filing case against them. A4 attacked the deceased with iron pipe on his head. Again A1 attacked the deceased on his face with M.O.4. The other accused restrained the deceased from running and attacked him with wooden logs – M.Os.5, 11, 13 and 14. When A1 attempted to attack the deceased with M.O.4, it fell down. Thereafter, A1 picked up an iron pipe lying at the house of PW12 and attacked the deceased on his head.

2.4. Then A2 attacked the deceased. A1 attacked PW3, who went for rescuing the deceased, with iron pipe and log. A2 and A5 attacked PW3 with wooden logs. When PW2 went to stop the fight, A3 attacked PW2 with log. The deceased fell down in the pool of blood. A1 stating that “Krishnan / deceased did not yet die” attacked the deceased with iron pipe on the front side of his head. Due to injuries succumbed, Krishnan (deceased) died. All the accused left the place with the weapons. PWs.2 & 3 were admitted at PIMS Hospital.

2.5. PW1 lodged a complaint – Ex.P1 on 20.08.2013 at 15.00 hours before PW26- Tr.Jagadeesan, Sub Inspector of Police. PW26 registered a case in Crime No.374/2013 under Sections 147, 148, 294(b), 341, 448, 323, 324 and 302 IPC against all the accused at 16.00 hours on the same day. The FIR registered is Ex.P41. PW26 forwarded the FIR to higher officials / Inspector of