JUDGMENT

The Criminal Appeal is directed against the judgment of conviction passed in S.C.No.190 of 2012, dated 19.11.2015, on the file of the Ist Additional District and Sessions Court (PCR) Thanjavur.

2.The case of the prosecution is that the deceased Gobi, the appellant, who is the first accused and other accused were residing at Kodikkalmundal Street, Thillai Nagar, Vilar Road, Thanjavur, that there existed enmity between the family of the first accused and the family of the deceased Gopi in getting water from common pipe at Vijaya Lakshmi Colony, that on 11.09.2009 at about 09.00 am, there arose a wordy quarrel between the third accused and one Chitra elder sister of the deceased Gopi, that on 11.09.2009 at about 02.30 pm, when the deceased Gopi had visited the house of the accused, there was some wordy altercation, that thereafter the accused persons with a common intention to kill the deceased, the first accused with a knife, the second to fourth accused with R.S.Pathy wooden logs had gone to the house of the deceased Gopi at about 05.30 pm and picked up quarrel, that the first accused had stabbed the deceased on his upper stomach portion, that the second to fourth accused had attacked the deceased with wooden logs on his head and other parts of the body indiscriminately, that the injured Gobi was taken to Thanjavur Medical College Hospital at 17.45 hours and was admitted as in-patient, that subsequently the injured was referred to Government Hospital, Chennai for further treatment on 07.10.2011 and when he was taken to Chennai, he succumbed to the injuries in transit and that thereby the first accused had committed the offence under Section 302 IPC and the accused 2 to 4 had committed the offence under Sections 324 and 302 r/w 34 IPC. The Inspector of Police, Taluk Circle Thanjavur has laid the final report against the accused persons.

3.The learned Judicial Magistrate No.II, Thanjavur has taken the case on file in PRC.No.2 of 2012 and furnished the copies of the records under Section 207 Cr.P.C on free of costs. The learned Magistrate finding that the offence under Section 302 IPC is exclusively triable by the Court of Session, after compliance under Section 208 and 209 Cr.P.C, had committed the case to the file of the Principal Sessions Court, Thanjavur and the same was taken on file in S.C.No.190 of 2012 and thereafter, the same was made over to the Court of the Ist Additional District and Sessions Court (PCR) Thanjavur.

4.The learned Sessions Judge, on hearing both sides and on perusal of the records, being satisfied that there existed a prima facie case against the accused, framed charges under Section 302 IPC as against the first accused and under Section 302 r/w 34 IPC as against the accused 2 to 4 and the same were read over and explained to the accused and on being questioned, they denied the charges and pleaded not guilty.

5.The prosecution, in order to prove its case, has examined 15 witnesses as P.W.1 to P.W.15 and exhibited 14 documents as Ex.P.1 to Ex.P.14 and 8 material objects as M.O.1 to M.O.8.

6.The case of the prosecution emerging from the evidence adduced by the prosecution, in brief, is as follows:

(a) P.W.1 Kokila, P.W.2 Sujatha and P.W.3 Bose, who is the father of the deceased Gopi are the residents of Bharma Colony, Thanjavur. On 11.09.2011 Sunday, P.W.3 after taking meals, went to his shop and directed his son deceased Gopi to go to their house for taking meals. Thereafter, P.W.3 came to know that his son Gopi was attacked by the accused and was admitted in the Government Hospital, Thanjavur.

(b) P.W.13, the then Sub-Inspector of Police at Taluk Police Station, now retired from service, on 12.09.2011, after receipt of the information, he visited the Thanjavur Medical College Hospital and found that the injured Gopi was taking treatment in Ward No.15 and was not in a position to talk and hence, P.W.13 visited the hospital again on the next day and recorded the complaint statement given by the injured G