Selective appreciation of indivisible eyewitness testimony to convict specific co-accused after acquitting others on the same evidence is impermissible. Furthermore, failure to confront the accused with incriminating material and significant procedural delays in complaint registration violate fundamental criminal jurisprudence, warranting acquittal.

JUDGMENT :

K.K. RAMAKRISHNAN, J.

1. The appellant/Accused Nos.1, 2 & 6 in Spl.S.C.No.32 of 2021 on the file of the learned I Additional and Sessions Judge (PCR), Thanjauvr has filed this appeal challenging the following conviction and sentence imposed against him in the impugned judgment dated 19.01.2023.

2. Brief facts of the case:

2.1. The prosecution case, in brief, is that the deceased, Rajini, was the brother of P.W.1 and belonged to a Scheduled Caste community. All the accused persons, including A1, A2 and A6, belong to a non-Scheduled Caste community.

2.2. It is alleged that on 09.07.2021 at about 10.00 a.m., A6 abused one Yogeswaran by uttering his caste name and also criminally intimidated him. Aggrieved by the said incident, Yogeswaran approached the deceased Rajini, who was a political party functionary. The deceased advised him to lodge a complaint before the jurisdictional police station at Edaiyur. However, when the deceased refused to compromise the issue, the accused persons, being aggrieved, entered into a criminal conspiracy to commit his murder.

2.3. In furtherance of the said conspiracy, on the same day at about 6.30 p.m., all the accused unlawfully assembled near Vadassandai Cross Road, in the vicinity of the graveyard, armed with deadly weapons. When the deceased was proceeding on a two-wheeler, the accused intercepted him. A1 and A2 attacked the deceased with billhooks. Thereafter, A3 severed the right forearm and elbow of the deceased, while A4 cut the left elbow. A5 further inflicted cuts on the right thigh and knee, and A6 continued the assault by cutting the left leg of the deceased repeatedly. As a result of the brutal attack, the deceased fell down in a pool of blood and succumbed to multiple grievous injuries.

2.4. The occurrence was witnessed by P.W.1 (brother of the deceased) and P.W.2, who were following the deceased on another two- wheeler. Despite their attempts to intervene, the accused continued the assault and also criminally intimidated them before fleeing from the scene. P.Ws.1 and 2 immediately took the injured to the Government Hospital, Tiruchirappalli, where the doctors declared him dead. Thereafter, P.W.1 lodged a complaint before the respondent police, which was registered as an FIR.

2.5. The investigation was taken up by the Deputy Superintendent of Police (P.W.23), who, upon receipt of the FIR, visited the scene of occurrence in the early hours of 10.07.2021. He prepared the observation mahazar and rough sketch, examined witnesses, and conducted inquest over the body in the presence of panchayatdars. The body was thereafter sent for post-mortem examination.

2.6. During the course of investigation, based on secret information, the accused nos.1 to 5 and 7 were arrested on 10.07.2021. Pursuant to the admissible portion of the confession given by A2 in the presence of the Village Administrative Officer, material objects were recovered. A6 was subsequently arrested on 11.07.2021.

2.7. The Investigating Officer continued the investigation by sending the seized material objects for forensic analysis and, upon receipt of the reports, altered the offences to include Section 120-B IPC through an alteration report. He also collected relevant records, including electricity supply details to establish the lighting conditions at the scene of occurrence.

2.8. Upon completion of investigation, a final report was filed on 30.08.2021 before the learned Special Judge, who took cognizance in Sessions Case No. 32 of 2021. Copies were furnished to the accused under Section 207 Cr.P.C., and charges we