The court found that eyewitness testimony and extra-judicial confessions were unreliable and insufficient to uphold a conviction, resulting in acquittal.

JUDGMENT :

N. ANAND VENKATESH, J.

This appeal assails the judgment of the Principal District and Sessions Court, Karur, dated 22.11.2022 made in S.C.No.1 of 2021 wherein the appellants were convicted and sentenced in the following terms;

2. The case of the prosecution is that the deceased Saravanan owned a medical shop and clinical laboratory at Nachalur. The accused persons were close relatives. On 21.04.2020, one Anbalagan, cousin of A1 was murdered and A1 is said to have suspected the involvement of the deceased in the murder of the said Anbalagan. In view of the same, A1 and A2 are said to have conspired among themselves and waylaid the deceased during the early hours on 08.05.2020 and attacked him with Aruval indiscriminately. The deceased succumbed to the injuries on the spot.

3. PW1, who is the wife of the deceased was informed about this incident by PW2 and PW3 who are eyewitnesses and based on the same, PW1 to PW3 and other relatives went to the Kulithalai Police Station at about 4.00 a.m., on 08.05.2020 and based on their complaint, an FIR (Ex.P15) came to be registered in Crime No.438 of 2020 for offences under Sections 341, 302 and 506(ii) of IPC.

4. PW13, who is the investigation officer took up the investigation and went to the scene of crime at about 7.00 a.m., and in the presence of witnesses, prepared the observation mahazar (Ex.P2) and rough sketch (Ex.P16). The Splendor bike (MO1), Blood-stained Soil (MO5), Soil without blood-stain (MO6) were recovered under recovery mahazar (Ex.P3).

5. The investigation officer thereafter recorded the statements of the witnesses under Section 161 of Cr.P.C. On the same day between 9.00 a.m. to 11.00 a.m., the investigation officer conducted inquiry and prepared the inquest report (Ex.P17). The dead body was sent for postmortem through PW10 along with the requisition letter of PW4 and the postmortem was conducted at Kulithalai Government Hospital by PW6, Doctor. Postmortem certificate (Ex.P5) was given by PW6 and the following injuries were recorded in the postmortem certificate;

“A moderately built male body lies on his back with arms by his sides. Mouth partially open; tongue inside the mouth. Right eye open, Left eye closed; Both pupils dilated.

External injuries:-

(i) 27 × 4 cm, cut injury over the lower part of the occipital region, starting from the left infra-auricular region to the right infra-auricular region;

(ii) 8x2x2 cm cut injury ½ cm above the first injury;

(iii) 8 × 1.5 x 5 cm cut injury 1cm above the second injury;

(iv) 7x1cmx3cm cut injury just 10 cm above the first wound;

(v) 10x1x5 cm cut injury ½ cm just above the fourth injury;

(vi) 12x3x5 cm cut injury ½ cm just above the fifth injury;

(vii) 4x1x1 cm cut injury just 1 cm lateral (Right) to the sixth injury;

(viii) 20x2x3 cmcut injury 1 cm below the first injury;

(ix) 8x1x2 cm cut injury in the left axillary region;

(x) 12x1/2cm abrasion over the left shoulder region;

(xi) 6x5cm abrasion and contusion just below the right clavicular region;

(xii) 16cmx1/2 cm contusions over the left arm

(xiii) 5x2x2cm cut injury over to the left scapular region;

(xiv) 6x1cm abrasion and contusion over the right shoulder;

(xv) 4x1x3cm cut injury over the right scapular region;

(xvi) 2x1x2 cm cut injury 10 cm below the 15^th wound;

(xvii) 1 ½ x1cmx1cm cut injury below 1cm of the 16^th injury;

(xviii) Fracture of left humerus present;

(xix) Fracture of the right scapular present.

Internal injuries:

Skull: Open wound ove