The accused, initially nine in number, were brought
to trial before the Sessions Court for offences punishable
under Sections 302/149 etc. of the Indian Penal Code and
were sentenced to life and to various other terms of
imprisonment. An appeal taken to the High Court was also
dismissed.
A Special Leave Petition was thereafter filed in this
Court by seven of the accused and while leave was granted
with respect to Murugan and Vellathai, who are the
appellants before us, the petition qua the other accused
was dismissed. The present appeal is thus confined only to
Murugan and Vellathai.
Mr. M. Gireesh Kumar, the learned counsel for the
appellants has raised only one argument during the course
of the hearing. He has pointed out that even as per the evidence recorded by the courts below no active role
whatsoever had been attributed by P.Ws. 1, 2 and 3 (who
were the only eye witnesses to the incident) as they had
deposed that Vellathai had merely instigated the other
seven accused to attack and kill the deceased for the
humility that she had suffered at his hands about ten days
before the incident when the deceased had slapped her in
public. He has, further, submitted that it was clear from
the record that the entire family had been roped in for the
murder as three of the accused Nos. 1, 4-7 were the
brothers of Vellathai, Accused No. 5 was the sister's
husband of Vellathai, accused No. 6 was son of accused No.
5 and accused No. 8 was son of accused No. 1 and as there
was admittedly very serious enmity between the parties on
account of several factors including an earlier murder, the
possibility of false implication could not be ruled out.
The learned counsel for the State, Mr. S. Thananjayan
has, however, pointed out that the evidence of the three
prosecution witnesses referred to above had attributed a
specific role to Vellathai and as she was the person who
had been insulted by the deceased ten days earlier she was
the prime mover in the incident.
We have considered the arguments put forth by the
learned counsel for the parties.
As per the prosecution story, the slapping incident
happened about ten days prior to the present incident. It is the case of the prosecution that the deceased and P.Ws.
1,2 and 3 were way laid by the accused in the field of one
Shanmuga Thevar and the deceased had been thereafter done
to death in a brutal manner. We are somewhat unable to
accept this story in the light of the fact that the murder
was obviously pre-planned and Vellathai, a lady and a
sister of three of the accused would have been a part of
the group that was to commit the murder. It is also clear
from the record that the animosity between the parties had
existed since long and several instances including one of
murder had taken place inter se them over the years. We
also see that Vellathai's entire family has been roped in
and in the light of the facts given above there is a
possibility that she too had been roped in.
As far as Murugan is concerned, even the learned
State counsel has not been able to point out any active
role to him. We, therefore, feel that this is a case where
the benefit of doubt should be given to both the
appellants.
In the light of the above, we allow the appeal, set
aside the order of the High Court and order the acquittal
of the appellants.
[R.M. LODHA]
OCTOBER 07, 2009.
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 303 OF 2007
We have heard the learned counsel for the
parties.
Vide our separate reasoned order, we have
allowed the appeal and set aside the order of the High
Court and order acquittal of both the appellants.
It is stated by Mr. M. Gireesh Kumar, the
learned counsel for the appellants that the appellant
is in jail. We direct that the both the appellants
shall be set at liberty forthwith if not required in
connection with any other case.
The reasoned order to follow.
[R.M. LODHA]
OCTOBER 07, 2009.