Injured eyewitness evidence stands on higher pedestal; reliable without corroboration unless improbable. Delay in FIR, hostile witnesses' partial support, and medical/forensic corroboration sustain conviction in family property dispute murder.

JUDGMENT :

N. ANAND VENKATESH, J.

1. These criminal appeals have been filed by A1 to A3 assailing the judgment passed in SC No.190 of 2017 dated 02.06.2023 on the file of the Additional District and Sessions Judge, Virudhunagar, wherein the appellants were convicted and sentenced in the following manner:

The above sentences were ordered to run concurrently.

2. The case of the prosecution is that PW1 and her husband PW3 are residing in Periya Vallikulam. PW4 is the daughter of PW1 and PW3. Injured Babyammal and Alagarsamy are the parents of PW1. A1 is the brother of PW1 and they have three sisters out of which one was examined as PW23. A3 is the wife of A1 and A2 is the brother of A3. The said Alagarsamy owns agricultural lands and house in his native place. When they were residing in that house, A1 to A3 are alleged to have driven them out of their house. A complaint was given by Babyammal at Soolakkarai Police Station and PW16 registered a case in Crime No.324 of 2014 for offence punishable under Section 294(b), 341, 506(I) and Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. On an earlier occasion, during the year 2007, when Babyammal and Alagarsamy were in the house of PW1, A2 and others are alleged to have attacked Babyammal and caused injuries. Based on the complaint given by Babyammal, a case was registered by PW21, who is the Sub Inspector of Police of Soolakkarai Police Station. Apart from that, a suit for partition was filed by PW23, PW1, and two others against A1 and Alagarsamy in OS No.274 of 2006 before the District Munsif, Virudhunagar. The said suit was decreed and aggrieved by the same, A1 filed an appeal in AS No. 17/2009 before the Sub Court, Virudhunagar and this appeal was also dismissed. In spite of the decree passed by the civil Court, all the properties were in possession of A1 and A3 and Alagarsamy and Babyammal continued to reside with PW1. One of the property was gifted to PW1.

3. The further case of the prosecution is that on 10.12.2016, Alagarsamy fell ill and PW1 took him to the Government Hospital, Virudhunagar for treatment and at that point of time, Alagarsamy is said to have expressed his desire to live in his native village during his last days. Hence PW1 along with PW23 and PW3 decided to go and stay in the property which was gifted in her favour. On 18.12.2016, at about 10.00 a.m., PW1, PW23 along with Alagarsamy and Babyammal went to the scene of occurrence in an Autorickshaw. PW1 and PW3 went to their house at Periya Vallikulam to prepare food for them. PW8 took the household articles and utensils in a four wheeler to the house in which Alagarsamy and Babyammal were made to reside. This vehicle belonged to the deceased. At about 4.00 p.m., A1 and A3 came with MO2 and MO3 (Sickle) and A2 came with MO1(Crow Bar). They abused PW1, Babyammal and Alagarsamy in filthy language and questioned as to how they entered the land. A2 is said to have attacked Babyammal with MO1 on her shoulder and Alagarsamy on his ri