The testimony of injured eyewitnesses constitutes highly credible evidence that is entitled to greater weight, and once common intention under Section 34 IPC is established through concerted action, the absence of a distinct specific overt act against an individual accused does not invalidate a conviction for murder.

PRAYER : Criminal Appeal is filed under Section 374(2) of the Criminal Procedure Code, to call for the records in S.C.No.329 of 2018 dated 10.04.2023 on the file of the learned II Additional District and Sessions Court, Tiruchirappalli and set aside the same.

For Appellant : Mr.S.Mahadevan, for Mr.G.D.Manikandan

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

PRAYER : Criminal Appeal is filed under Section 374(2) of the Criminal Procedure Code, to call for the records in S.C.No.329 of 2018 dated 10.04.2023 on the file of the learned II Additional District and Sessions Court, Tiruchirappalli and set aside the same.

For Appellant : Mr.G.Karuppasamy Pandian, for Mr.T.Vadivelan

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

COMMON JUDGMENT

(Judgment of the Court was made by K.K.RAMAKRISHNAN,J.)

The appellants/accused in S.C.No.329 of 2018 on the file of the II Additional District and Sessions Judge, Tiruchirappalli, have preferred the present appeals challenging the following conviction and sentence imposed against them by the impugned judgment dated 10.04.2023.

2.Brief facts of the case:

2.1. The case of the prosecution, in brief, is that the deceased was the brother of the first accused. There existed a deep seated enmity between them in respect of partition of family properties. The accused persistently demanded a share in the property, which was consistently refused by the deceased. In the above circumstances, on 07.01.2018 at about 1.30 p.m., the deceased, along with the defacto complainant (P.W.1), his son, and daughter, was engaged in agricultural work in their field. At that time, all the accused allegedly came to the place of occurrence, abused the deceased and his family members in filthy language, and attacked the deceased with wooden logs and other weapons, with the intention to commit murder. During the course of the occurrence, injuries were also caused to the witnesses, namely P.W.1 and P.W.2.

2.2. On the same day, a complaint was lodged by P.W.1 before the jurisdictional Sub-Inspector of Police, which was registered in Crime No. 15 of 2018. The First Information Report was thereafter forwarded to the Inspector of Police (P.W.17), who took up the investigation. Upon receipt of the FIR, the Investigating Officer visited the place of occurrence, prepared the observation mahazar and rough sketch, and examined the witnesses. He conducted inquest over the body of the deceased and arranged for post-mortem examination. P.W.17 arrested the accused Nos.1 and 2 on 08.01.2018 at 03.00 pm., and their voluntary confessions were recorded in the presence of P.W.10, and material objects (M.Os.1 and 3, 7 to 10) were recovered. Subsequently, A3 was also arrested 12.01.2018 at 09.00 am and he continued the investigation and further collected the post-mortem report, viscera report, and serological report, examined all the witnesses and upon completion of investigation, filed the final report before the learned Judicial Magistrate, Musiri. The case was taken on file in P.R.C. No. 20 of 2018 and the copies under Section 207 of Cr.P.C. were served to all the accused and, since the offences were triable exclusively by a Court of Session, the same was committed to the Sessions Court.

2.3. The learned II Additi