Krishna Murari JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.06.2018 passed by the High Court of Judicature at Madras, at Madurai in Criminal Appeal Nos. 270/2017 and 362/2017, by which the High Court has allowed the said appeals by acquitting the Respondents-Accused for the offences punishable Under Sections 302 and 302 r/w 34 Indian Penal Code, the State has preferred the present appeals.
2. That the Respondents herein-original Accused were tried for the aforesaid offences for having killed/committed the murder of deceased Saravanan. It was the prosecution case that owing to animosity between the friend of the Accused viz., Selvakumar and one Periyavan @ Murugan, there was a murder of Selvakumar on 31.07.2013. Suspecting that the deceased Saravanan had informed the whereabouts of Selvakumar, the Accused, on a two-wheeler armed with weapons obstructed the car in which the deceased, PW1 and one another were travelling and dashed the car and broke the wind screen of the car with aruvals. A1 caused the injury on the right shoulder of the deceased. The deceased Saravanan tried to run away, however, the Accused chased him and thereafter all the Accused caused injuries on the deceased in the shed in which the deceased reached and due to the injuries suffered the deceased Saravanan died on the spot. The investigation started on the FIR being registered on the complaint tendered by one Mahendran. All the Accused came to the arrested on 02.08.2013/17.08.2013. During the course of investigation, the Investigating Officer collected the material evidence and also recorded the statements of the witnesses. After conclusion of the investigation, a charge sheet was filed against the Accused for the offences punishable Under Sections 341, 506(2), 302 Indian Penal Code r/w 3(1) of TNPPDL Act. The case was committed to the Court of Sessions which was numbered as Sessions Case No. 254 of 2014. All the Accused pleaded not guilty and therefore they came to be tried by the learned Sessions Court for the aforesaid offences.
2.1. During the trial, prosecution examined 21 witnesses and marked 36 exhibits and 16 material objects. After the closure of the prosecution evidence, further statements of the Accused Under Section 313 Code of Criminal Procedure were recorded. During the trial, PW2, PW3 and PW5 did not support the prosecution case and were declared hostile. However, believing the deposition of PW1, PW4 and PW6, the learned trial Court held the Accused A1 guilty for the offence Under Section 302 Indian Penal Code and A2 & A3 for the offences Under Section 302 r/w 34 Indian Penal Code and sentenced each of them to undergo life imprisonment and fine of Rs. 1,000/- each, i........