Back
2021 Supreme(Online)(MAD) 36957
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2021 CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.A.(MD).No.317 of 2018 Bala Murugan ... Appellant /Accused No.1 -vs-
State through the Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai District in Crime No.327 of 2021. ... Respondent PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C., to call for the entire records connected to the judgment in S.C.No.87 of 2014, on the file of V Additional Sessions Judge, Madurai, dated 09.03.2015 and set aside the conviction and sentence imposed against the appellant.
For Appellant : Mr.R.Alagumani For Respondent : Mr.A.Thiruvadikumar Standing counsel for the State
J U D G M E N T
(Judgment of the Court was delivered by V.BHARATHIDASAN, J.)
Totally there are eight accused in this case and the appellant is the first accused in S.C.No.87 of 2014, on the file of V Additional Sessions Court, Madurai and they stood charged, which reads as follows:
| Charge No. | Rank of the accused | Charge under Section |
| 1. | A1 to A8 | 147 IPC |
| 2. | A1 to A8 | 148 IPC |
| 3. | A2, A4 and A6 | 341 IPC |
| A8 | 341 IPC (2 counts) | |
| 4. | A1 and A2 | 302 IPC |
| 5. | A1 to A8 | 506(ii) IPC |
2. By judgment dated 09.03.2015, the trial Court has convicted all the accused and sentenced them as follows:-
| Rank of the accused | Convicted under Section | Sentence Imposed | Fine | Default Sentence |
| A1 to A8 | 147 I.P.C | Rs.1000/- (each) | 3 Months S.I. | |
| A1 to A8 | 148 I.P.C | Rs.1000/- (each) | 3 Months S.I. | |
| A2, A4, A5 & A6 | 341 I.P.C | Rs.300/- (each) | 2 Weeks S.I. | |
| A8 | 2341(ii) I.P.C. (2 counts) | Rs.300/- (each) | 2 Weeks S.I. | |
| A1 to A8 | 506(ii) I.P.C. | Rs.1000/- (each) | 3 Months S.I. | |
| A1 & A2 | 302 I.P.C. | Life Imprisonment Rs.5000/- | (each) | 6 Months R.I. |
| A1 & A8 | 302 r/w. 149 I.P.C. | Life Imprisonment Rs.5000/- | (each) | 6 Months R.I. |
3. Challenging the said conviction and sentence, Accused Nos.3, 5 to
8, have separately filed Crl.A.(MD)No.94 of 2015 and a Division Bench of this Court, by judgment dated 10.08.2015, allowed the appeal and acquitted the accused. That apart, the Division Bench has also extended the benefit of acquittal to A4 also, who has not filed any appeal. For A2, even though he was convicted by the trial Court, subsequently, on a Habeas Corpus Petition filed by him claiming that he was a minor at the time of occurrence and he was wrongly convicted by the Sessions Court, this Court set aside the conviction and sentence imposed on A2. A1, the remaining accused is before this Court with this appeal.
4. This is the case of double murder. The case of the prosecution in brief is as follows:
The first deceased Manikandavelan (hereinafter referred to as “D1”)
is the son of P.W.1 and the second deceased Viswanathan (hereinafter referred to as “D2”) is the husband of P.W.4. P.Ws.1 and 2, were running a tea stall, at Thirupalai Main Road, Madurai. D2 was running a laundry shop near to the D1's tea shop. On 18.04.2011, D1's tea shop was closed, due to some festival at Madurai. At about 3.00 p.m., P.W.1 received a phone call from a water supplier to deliver drinking water cans to the shop. So, P.W.1 sent the D1 to open the shop and receive the water cans. At that time, all the eight accused sitting in front of the D1's shop and indulged in eve-teasing, that was questioned by D1. At that time, there was a quarrel and all the accused attacked D1. Thereafter, D1 returned home, all the accused followed D1 up to his house and criminally intimidated him. After sometime, P.W.1, went to the tea shop to lock it and D1 followed her. At that time, all the accused assembled in front of the tea shop and attacked D1. A1 attacked D1 with knife in his thumb and in the abdomen, when P.W.1 raised alarm to save his son, D2 rushed to the scene of occurrence and all the accused attacked him with wooden log, A2 attacked him with knife in his right thigh. During the occurrence, A1 also sustained injury in his thumb. Immediately, P.W.1 and others took D1 and D2 to the Government Hospital, Madurai, in an auto, where they were declared brought dead.
5. On receipt of intimation from the Government Hospital, P.W.13, the Sub-Inspector of Police, working in the respondent police station rushed to the Hospital, where he recorded the statement of P.W.1 at about 6.45 p.m. and registered the F.I.R., in Crime No.327 of 2011 at 8.30 p.m., for the offences under Sections 147, 148, 341, 323, 506 (ii) and 302 I.P.C., and send the same to the Judicial Magistrate, Madurai and copies to the higher officials including the Inspector of Police.
6. P.W.17, the Inspector of Police, on receipt of the F.I.R., proceeded to the scene of occurrence and prepared the Observation Ma
