B.Pugalendhi, J. - (1.)The Criminal Appeal is filed as against the conviction and sentence imposed by the learned Additional District and Sessions Judge, Ramanathapuram in S.C.No.70 of 2016 dated 19.01.2018. The appellants/ Accused Nos.1 to 3 were tried before the trial Court for the commission of offence under Section 302 r/w 34 I.P.C. and the trial Court by order dated 19.01.2018, found the 1st appellant/Accused No.1 guilty for the offence under Section 302 I.P.C. and the appellants 2 and 3/Accused Nos.2 and 3 for the offence under Section 302 r/w 34 I.P.C. and sentenced them as follows: Rank Offence Sentence A1 302 I.P.C. Life Imprisonment and fine of Rs.10,000/- in default to undergo simple imprisonment for one year. A2 302 r/w 34 I.P.C. Life Imprisonment and fine of Rs.5,000/- in default to undergo simple imprisonment for one year. A3 302 r/w 34 I.P.C. Life Imprisonment and fine of Rs.5,000/- in default to undergo simple imprisonment for three months The sentences were directed to run concurrently. As against the conviction and sentence imposed by the trial Court, the appellants have preferred this Criminal Appeal.
(2.)The case of the prosecution in nutshell is as follows:
2.1.The accused No.1 - Padhakumar was running a bar attached to a Wine Shop at Poomalai Valasai. The deceased along with his friend P.W.8 - Vasu went to the Wine Shop four month prior to the occurrence and in the Wine Shop a dispute arose between the deceased and the accused No.1. P.W.8 convinced the deceased and take him out of the bar and after some time when they were going in an auto rickshaw near Udaichiar Valasai, they found the first accused on their way and on seeing the first accused, the deceased got down from the auto and caused injury on the face of the first accused. After causing the injury, they left the place in the auto-rickshaw. After this incident, Accused No.1 along with his men went to the house of the deceased to retaliate for this incident. At that time, the deceased was not present in his house and P.W.9 - Muthukumaraselvi, the wife of the deceased, who was also pregnant, pleaded on behalf of her husband, the deceased, to leave her husband. Accused No.1 warned P.W.9 that if her husband come to his area, he would be done to death and left the place. Apprehending danger at the hands of the accused No.1, P.W.9 sent her husband, the deceased, to Kerala for some job. P.W.9 delivered a child and on knowing that the deceased came to his native place at Ramanathapuram, on 02.07.2014 at about 4.30 p.m., the accused No.1 came to the village of the deceased in A2's motorcycle (M.O.9) and found the deceased near Munusu Valasai turning road and attacked him with Aruval. The deceased died on the spot.

2.2.This incident was informed to the mother of the deceased, P.W.1 - Kamala, through P.W.7 - Rajeshwari and P.W.2 - Pandian and P.W.1 lodged a complaint to the Special Sub-Inspector of Police Muniyandi - P.W.13 at about 5.30 p.m. under Ex.P.1. P.W.13, on receipt of the complaint registered a case in Crime No.299 of 2014 for the offence under Section 302 I.P.C. under Ex.P.11 (F.I.R.) as against 3 persons, who came in the motorcycle.

2.3.On the information from the Police Station, the Inspector of Police, P.W.14 - Rajeshkannan, who was incharge of Kenikarai Police Station took up the investigation and went to the place of occurrence on 02.07.2014 at 6.30 p.m. and prepared an observation mahazar Ex.P.2 and Rough Sketch Ex.P.12 at about 6.42 p.m. in the presence of witnesses P.W.5 - Mangaleswaran and another. He also conducted inquest in the presence of Panchayatars from 8.15 p.m. to 10.15 p.m. and the inquest report is marked as Ex.P.13. Thereafter, he made a request through the Head Constable P.W.2 - Selvaraj to conduct the autopsy. 2.4.P.W.11 - Dr.Subha Lakshmi, conducted the autopsy on 03.07.2014 at about 10.35 a.m. The doctor, P.W.11 noted down the following external injuries on the deceased:

"1.A lacerated wound of size 10 x 7 x 4 cm present over angle of mandible which extends about 3 cm lateral to midline of back of neck.

2.A lacerated would of size 8 x 3 x 3 cm present over occipital region.

3.A lacerated wound of size 3 x 2 x 1 cm present over side of fore head.

4.A lacerated wound of size 13 x 7 x 5 cm size which extends from (LT) angle of mouth to 5 cm lateral to midline of back of neck.

5.Another lacerated wound of size 7 x 2 x 2 cm present over (LT) temporal parietal region.

6.A lacerated wound of size 5 x 1 x 1 cm present over (LT) index finger.

7.A lacerated wound of size 13 x 5 x 5 cm size present over back of neck about 10 cm below the occipital protuberance."

P.W.11 gave her final opinion that the deceased appears to have died of assault with head injury with shock due to blood loss. The postmortem certificate issued by the doctor is marked as Ex.P.10.

2.5.The accused No.1 surrendered before the Judicial Magistrate Court, Muthukulathur on 04.07.2014 and P.W.14 on knowing that, filed necessary application for taking him on police custody and during police custody the accused No.1 voluntarily gave a confession statement on 13.07.2014 at about 11.45 a.m. in the presence of P.W.6 - Chandiran, Village Administrative Officer and Ramesh, Village Assistant and pursuant to the confession M.O.9 - Passion pro motorcycle bearing registration number TN-69-P-1003 and M.O.8 - bill hook were recovered in the presence of the said witnesses. He also forwarded the recovered article in Form - 95 (Ex.P.16) to the concerned Judicial Magistrate Court. After P.W.15 - Jesu, joined as Inspector of Police, Kenikarai Police Station, P.W.14 handed over the case records to him.

2.6.On 24.07.2014, P.W.15 took up the case for investigation. He came to know that the second accused Alex @ Alex Pandian surrendered before the Judicial Magistrate, Thiruvadanai on 10.07.2014 and the third accused Mari surrendered before the Judicial Magistrate, Rameshwaran on 15.07.2014. Based on the information, he filed applications for taking them on police custody and examined them on police custody in the presence of P.W.6 and one Ramesh. Accused No.2 voluntarily gave his confession and pursuant to his confession statement Bill-hook M.O.10 was recovered on 24.07.2014 at about 10.30 a.m. At about 11.30 a.m. based on the confession of Accused No.3, another bill-hook - M.O.11 was recovered in the presence of the said witnesses. In the meantime, P.W.15 was also transferred.

2.7.P.W.16, Balamurugan, Inspector of Police took up the case for further investigation on 26.12.2015 and he received the Serological reports Exs.P.19 and P.20. He examined P.W.11, the doctor who conducted autopsy and recorded his statement. After completing the investigation, he filed his final report as against the accused on 26.12.2015 for the offence under Section 302 r/w 34 I.P.C. before the Judicial Magistrate No.II, Ramanathapuram, which was taken on file in C.C.No.09 of 2016 and the learned Judicial Magistrate committed the case to the Court of Sessions and the same was tried before the learned Additional District and Sessions Court in S.C.No.70 of 2016.

(3.)During the trial, 16 witnesses have been examined on the side of the prosecution and 20 documents were marked and 11 material objects were produced in support of the prosecution case. When the incriminating materials were put to the accused under Section 313 CrPC, the accused denied the same. The accused neither examined any witness nor marked any document.