JUDGMENT :

N. ANAND VENKATESH, J.

The appellants (A1&A2) have filed the present appeal against the judgment of the learned Additional District and Sessions Judge, Dindigul made in SC No.186/2017 dated 09.12.2022 wherein the appellants were convicted and sentenced in the following manner:

The sentences were ordered to run concurrently.

2. The case of the prosecution is that the deceased Rajkumar was the younger brother of PW1. There was a civil dispute between the family of PW1 and the family of the accused persons. The mother of PW1 had initiated a civil suit against her brother Royappan @ Murugesan and she succeeded in the civil suit and had also taken possession of the property. The appellants herein, who are the sons of the said Royappan, developed an enmity with the family of PW1. With this motive, the accused persons are said to have conspired and decided to do away with the deceased and as a consequence, on 17.06.2017 at about 8.15 a.m., when the deceased was proceeding near Thomaiyar Church in his two wheeler, four accused persons intercepted him and threatened him and A1 attacked the deceased with MO1 in the forehead, back of the head and shoulder and caused multiple injuries. A2 is said to have attacked with MO2 knife on the chest and right wrist. A3 and A4 are also alleged to have attacked the deceased with weapons. The incident is said to have taken place in the presence of the brothers of the deceased, who are PW1 to PW3.

3. The deceased was rushed to Government Hospital, Dindigul at about 8.40 a.m. and was treated by PW9, who issued the accident register Ex.P12. From there the deceased was moved to Government Rajaji Hospital, Madurai and was treated by PW12, who issued the accident register Ex.P14. The deceased died on 17.06.2017 at about 5.30 p.m. and this was recorded by PW11, who informed the police regarding the same.

4. PW1 gave the complaint (Ex.P1) to PW13 on 17.06.2017 at 9.30 a.m Based on the same, an FIR (Ex.P15) came to be registered in Crime No. 199/2017 for offences under Sections 341, 307 and 506(III) IPC.

5. The investigation was taken up by PW14 and he went to the scene of crime at about 10.30 a.m. on 17.06.2017 and prepared the observation mahazar (Ex.P16) and rough sketch (Ex.P17). He also seized the bloodstained earth, earth without bloodstain, a plastic vessel, a silver vessel and also a two wheeler (MO16 to MO20) under Athatchi Ex.P18. He recorded the statements of all the eye witnesses and others under section 161(3) Cr.P.C.

6. When he went to the hospital at about 2 p.m., he found the deceased in an unconscious state and therefore was not able to record his statement. PW14 received the intimation about the death of the deceased and hence, he prepared the alteration report Ex.P19 and altered the offence to Section 302 IPC.

7. On 18.06.2017, the investigating officer went to the hospital and conducted the inquest over the dead body of the deceased from 8.00 a.m., to 9.00 a.m. in the presence of panchayatdars and other witnesses and prepared the inquest report Ex.P20.

8. All the accused persons were arrested around 1 p.m. and based on their admissible portion of the confession statement, material objects were seized under seizure mahazars.

9. The dead body was sent for postmortem and the postmortem was conducted by PW10, who issued the autopsy report (Ex.P13), wherein, the injuries sustained by the deceased were noted as follows:

“Appearances found at the postmortem: Moderately nourished body of a male aged about 32 years. Finger and toe nails are blue.

The following ante mortem injuries are noted on the body, Surgically sutured wound noted on the following areas with following measurement

(A) Head

(1) Scalp frontal side. Right side 7cm x 0.5cm x bone deep.

(2) Scalp frontal side, 6cm away from wound no.1. 9cm x 0.5cm x bone deep.

(3) Scalp left parietal region. 8cm x 0.5cm x bone deep.

(4) Left side of the chin. 6cm x 1cm x bone deep.

(B) Neck:

(5) Lower part of the neck measuring 3cm x 0.5cm x muscle deep.

(C) Ch