Unexplained injuries on accused in same incident doubt prosecution genesis; benefit of doubt mandates acquittal despite eyewitness testimony.

JUDGMENT :

N. ANAND VENKATESH, J.

1. This criminal appeal has been filed assailing the judgment passed by the Additional District and Sessions Court, Srivilliputhur, in S.C. No. 43 of 2014, dated 24.03.2023, wherein the appellants were convicted and sentenced as follows:

The above sentences were ordered to run concurrently.

2. The case of the prosecution is that the deceased, who was the son of PW1, and the accused persons are known to each other. During the year 2012, one Muthupandi, who is the younger brother of A1, the deceased, and one Maharaja went to a Murugan temple and the younger brother of A1 fell down and died. A1 presumed that it is only because of the deceased, who pushed down his brother, the incident had taken place. With this motive, the accused persons are said to have conspired and on 11.07.2013, at about 6:30 PM, when the deceased was proceeding in the street, both the accused persons, with deadly weapons, followed him and intercepted him. A2 caught hold of the deceased and A1 assaulted the deceased on his neck with aruval (MO1). Subsequently, A2 also assaulted the deceased with knife (MO2). As a result, the deceased sustained grievous injuries on his neck, left chest and other parts of the body and he died on the spot. PW1, who is the mother of the deceased, gave a complaint (Ex.P1) to PW11 and based on the same, PW11 registered an FIR (Ex.P10) in Crime No.343 of 2013 for offences under Sections 341, 342 and 302 of IPC at about 19:45 hours.

3. PW12 took up the investigation and he went to the scene of crime at about 21:00 hours and prepared the observation mahazar (Ex.P11) and rough sketch (Ex.P12) in the presence of witnesses. He also seized MO7 to MO9 under Athatchi (Ex.P13) in the presence of witnesses. He thereafter proceeded to Sivakasi Government Hospital at about 23:00 hours and conducted the inquest over the dead body of the deceased in the presence of panchayathars and prepared the inquest report (Ex.P15).

4. On 27.07.2013, at about 11:30 AM, he arrested both the accused persons and based on their confession, recovered MO1 and MO2 under Athatchi Ex.P4. At about 14:00 hours, MO3 to MO6 were seized from the accused persons under Athatchi (Ex.P5). The accused persons were produced before the learned Magistrate and they were remanded to judicial custody.

5. The material objects were sent to the Court under Form 95. The dead body of the deceased was sent to the hospital through PW7 and the autopsy was conducted by PW8. The postmortem certificate was marked as Ex.P9 and the following injuries were noted:

“External Injuries

1) An incised wound of Size 1 x 0.5 c.m. over the right cheek extending to the right ear lobe;

2) A linear abrasion of 10 x 0.2 c.m. seen over the right cheek extending from the front of right ear to below the right nostril;

3) An incised wound of Size 01.5 x 0.5 cm. over the right cheek lateral to the angle of the mouth;

4) An incised wound of Size 4 x 0.5 cm. seen over the jaw bone on right side with tailing towards the right side;

5) 11 x 3 x5 cm. cut injury seen on the neck extending from the middle of the neck to the right side cuttting the skin, subcutaneous tissue, trachea, great vessels of the neck. Edge of the wound found to be cleanly cut;

6) Another incised wound of Size 5 x 0.5 c.m. seen over the right side of the neck. Just 1 c.m. below and lateral to the wound No.5. with tailing towards the right side;

7) 2 x 0.5 c.m. incised wound seen in the middle of the neck, just below the thyroid cartilage;

8) A stab injury seen