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2006 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
N. Kirubakaran, J
Khaja Hussain and Others v. Inspector of Police Coimbatore
Criminal Appeal No. 123 of 2002



Advocates:
For the Appellants/Petitioners: A. Sirajudeen
For the Respondents: E. Raja

Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.

Headnote:(A) Indian Penal Code, 1860 - Section 302 (Murder) read with Section 34 (Acts done by several persons in furtherance of common intention) - Conviction and sentencing for life imprisonment upheld based on the reliable testimony of a single eyewitness corroborated by medical evidence despite claims of irregularities in investigation and identification parade. (Paras 4, 12, 18, 26, 32)

(B) Eyewitness testimony - Reliance on testimony provided by the brother of the deceased, deemed reliable despite claims of bias due to familial connection; corroborated by other witnesses and circumstantial evidence, including motive and previous threats made by accused. (Paras 20, 22, 30)

(C) Procedural irregularities - Delay in conducting identification parade addressed and deemed not substantive enough to undermine credibility. (Paras 27, 28)

(D) Result - Appeal dismissed; conviction affirmed.

Table of Content
1. conviction for murder supported by witness testimony. (Para 1 , 2 , 3)
2. details surrounding the incident establishing motive. (Para 4 , 5 , 6)
3. arguments challenging the prosecution evidence. (Para 8 , 9 , 10)
4. court's analysis of witness credibility and evidence. (Para 11 , 14 , 15 , 18)
5. final decision and reasoning behind upholding conviction. (Para 12 , 26 , 32)

1. Aggrieved by the judgment of the trial Court, convicting the appellants / accused 1 to 4 for the offences under S.302 read with 34, IPC and sentencing them to undergo life imprisonment and also to pay a fine of Rs. 1,000/- each, the appellants have filed this appeal.

2. Originally, the appellants were tried for the offences of having committed murder of one Murthy and attempting to commit the murder of PW 2 Murugan under S.302 and S.307 read with 34, IPC respectively.

3. The trial Court acquitted the appellants / accused in respect of the charge under S.307 read with 34, IPC and convicted them for the offence under S.302 read with 34, IPC.

4. The short facts would be summarized as follows :
"(a) Appellants / accused are the Muslims and the victims are the Hindus. Since one Muslim fundamentalist, by name, Palani Baba was brutally murdered by Hindu fundamentalist at Pollachi in Coimbatore District, there was a continuous hatred between Muslims and Hindu, which resulted in the incidents of rioting and setting fire to Hindu's properties. Both the accused and the deceased were residing at Erimedu village. 500 Muslim families and 200 Hindu families were residing in that village. Having hatred over the Hindus, the accused persons, who belonged to Muslim community, compelled the Hindu families in Erimedu to vacate the area and go away. One of the families threatened by the accused was of the deceased Murthy.
(b) PW 1, Murugan, is the elder brother; PW 2, another Murugan, is a friend and PW 3 Rengaswamy and PW 4 Ammini are father and mother of the deceased Murthy.
(c) One day prior to the date of occurrence, the accused persons met Murthy and threatened him to vacate his house and leave the area without any delay. Murthy informed the matter to his elder brother PW 1 and parents. When PW 1 asked the deceased to identify those persons, the deceased took him to the area, in which the accused were residing and pointed them out. PW 1, instead of questioning the accused, decided to inform the Jamath, in order to avoid further quarrel with the accused and came back home.
(d) The unfortunate occurrence took place on 2-9-1997 at about 4-30 p.m. Murthy, the deceased, after finishing his work, was coming back home. On the way, he met his brother PW 1, who was selling fruits in the street. After closing the business, PW 1 also left the place for going home along with the deceased.
(e) On seeing the deceased, all the four accused, who were standing near the road, waylaid and attacked him, causing several injuries all over the body. PW 1, out of fear, ran away.
(f) At that time, PW 2, Murugan, friend of the deceased, who happened to go to that place, was also attacked by all the four accused; as a result of which, he sustained injuries and ran away from the scene.
(g) PW 1, who ran away and concealed himself behind a palm tree, came to the spot and noticed his younger brother dead, lying in a pool of blood. PW 1 went to his parents and informed them. Then, PW 1 and his father PW 3 went to the police station and gave a complaint Ex. P1 to PW 12, Head Constable, who, in turn, registered a case for the offences under S.302 and S.307 read with 34, IPC.
(h) In the meantime, PW 14, Sub Inspector of Police, on noticing PW 2, lying down with injuries near Anna Nagar Junction, took him in a car and admitted him in hospital.
(i) PW 7, doctor, gave treatment to PW 2. Since he was in a serious condition, an operation was conducted on him.
(j) PW 17, Inspector of Police, took up investigation, came to the scene; prepared observation mahazar Ex. P17 and drew a rough sketch Ex. P27.
(k) Inqu























































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