Perfunctory trial court acquittal without discussing eyewitness evidence warrants appellate remand for fresh judgment.

JUDGMENT :

N. ANAND VENKATESH, J.

1. This Criminal Appeal has been filed by the State against the judgment of the I Additional District and Sessions Judge, (PCR), Tiruchirappalli made in SC No.231 of 2022 dated 02.09.2022, wherein, the trial court acquitted all the accused persons from all charges and set them at liberty.

2. The case of the prosecution is that A1 had asked for the sale of the property belonging to the family of the complainant for a lesser price and it was refused and as a result, there was a previous enmity. Apart from that, A1 was under the impression that the deceased was aware of the whereabouts of one of his wife, who is said to have eloped with one Velumani, S/o Rajeshkumar. With this previous motive, on 07.12.2010, A1 threatened to divulge the place where one of his wife had gone. A1 decided to do away the deceased and there was a criminal conspiracy among A1 to A4. A1 along with A2 to A4 on 10.12.2010, went to Kallipalayam cut road near SSB rice mill and were waiting for the de-facto complainant (PW1) and the deceased. They saw the deceased coming in a two wheeler along with the defacto complainant and they were bringing a milk can. The deceased was pushed down and A1 to A4 attacked him with aruval all over his body. As a result, the deceased died. They fled the scene of crime and based on the complaint given by PW1, the FIR (Ex.P28) came to be registered in Crime No.224 of 2010 by PW20.

3. The investigation was taken over by PW22, who went to the scene of crime and prepared the observation mahazar (Ex.P2) and rough sketch. He also seized the material objects from the place of occurrence. He conducted the inquest in the presence of the witnesses and prepared the inquest report, which was marked as Ex.P32. The dead body was sent for postmortem to the Government Hospital, Tiruchirappalli and the postmortem was conducted by PW18 and the autopsy report given by the Doctor was marked as Ex.P27 and the following injuries were noted:

“WOUNDS:

1.A transverse cut wound, 30 cm x 4 cm x bone deep, on the forehead.

Cut fracture of frontal bone present, exposing the brain.

2. A transverse cut wound, 11 cm x 3 cm x bone deep, on the right frontal region of the scalp.

3. An oblique cut wound, 20 cm x 10 cm x bone deep, on the right temporal and right side of occipital regions of the scalp. Right ear is hanging and 21 wounds

4. Anoblique cut wound, 6 cm x 2 cm x through and through, on the pinna of right ear.

5. An oblique cut wound, 12 cm x 10 cm x bone deep, on the right side of face.

6. A transverse cut wound, 18 cm x 6 cm x bone deep, on the nose, right cheek. Cut fracture of nasal bones and right upper jaw bone present. 7. A transverse cut wounú, 17 cm x 4 cm x bone deep, on the right side of lower jaw. Cut fracture of lower jaw bone present.

8. A transverse cut wound, 10 cm x 4 cm x bone deep, on the right side of lower jaw, 3 cm below the 7th wound.

9. A transverse cut wound, 15 cm x 4 cm x bone deep, on the chin.

10. A transverse cut wound, 16 cm x 5 cm x bone deep, on the chin, 2 cm below the 9th wound. O/E The muscles, blood vessels and nerves are clean cut. Cut fracture of food pipe, wind pipe and Hyoid bone present.

11. A transverse cut wound, 9 cm x 1 cm x muscle deep, on the front of left side of neck.

12. Multiple linear cut wounds, of varying lengths, on the top of right shoulder and front of right arm.

13. A transverse cut wound,