TMI Blog2009 (11) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... ariappan, his son. The deceased informed the accused that Mariappan was not present in the house. Annoyed at this answer A.13 Ayyanar Nadar instigated the other accused and all of them attacked the deceased with their weapons killing him on the spot. As per the prosecution story the motive for the incident was the serious animosity between Mariappan Nadar PW.13 on the one hand, and A.13 Ayyanar Nadar accused on the other with regard to the affairs of the Nadar community inasmuch that they represented two different groups in the Committee run by the community. It also appears from the record that even prior to this incident, several incidents had taken place between the parties with complaints inter se, not only in court but even in the poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied) guilty as follows : Appellants Convictions under Sentence Awarded Sections. A-1 to A-6 A-8 148,341 and 302 IPC 1.One year rigorus imprisonment of each of the accused for the offence under Seciton 148 IPC . 2.One month Simple imprisonment for each of them for the offence under Section 341 IPC. 3.Life imprisonment for the offence under Section 302 IPC for each of the accused A-9 to A-15 147,341 and 302 1.Six months rigorous Read with 149 IPC imprisonment for the offence under Section 147 IPC for each of the Accused. 2.One month simple impriso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conviction against the appellants. He has also submitted that even assuming that the further investigation was in order but in the background that the investigation made by PW.25 was at complete variance with that made by PW.27, no credence could be attached to the investigations whatsoever and that it was thus open to the appellants to contend that the evidence collected by both the police officers was liable to be disbelieved. He has further pointed out that in the background of the fact that there were as many as 15 or 16 accused there was no way to identify and to adjudicate upon the culpability of one set of accused from the other and as such all the appellants were entitled to acquittal. He has also pointed out that no independent wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt in Crl.A.Nos. 767-768/2008 has pointed out that Section 149 of the IPC had been applied to the case and even assuming that no injury had been caused by the acquitted accused their mere presence was enough on the facts of the case to involve them in the incident. He has also urged that the reasons given by the High Court in acquitting the accused were not justified. We have considered the arguments advanced by the learned counsel for the parties. Section 173(8) read as under: 173(8): Notwithstanding in this Section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, whereupon such investigation, the officer in charge of the police ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has conducted a fair investigation and filed the final report. It will be seen from a perusal of the aforesaid quote that there was no criticism as to direction of the further investigation by PW.27 but the point raised was that the said investigation had not been fair. We are, therefore, of the opinion that in fact PW.27 had carried out a further investigation in the matter and not a re- investigation. Mr. Natarajan has relied on several judgments in support of his plea that what had been done was a re-investigation. They are 1998(5) SCC 223 (K.Chandrashekharan vs. State of Kerala Ors.), 2008(5) SCC 413 (Ramachaudhary vs. R.Dodhaya Kuamar and Anr.), 2009 (6) SCC 346 (Mitha Bai Pasabai Patel Ors. vs. State of Gujarat) and 332 (Rama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith fracture of occipital bone size 6cmx3cm. Blood coming from fracture site. 2 A cut injury near left eye size 4cmx2cm. 3 A cut injury on left jaw size 4cmx2cm. 4 A cut injury on left shoulder size 3cmx2cm. 5 A cut injury on left forearm size 3cmx2cm. 6 Two cut inury on the back on left side of lower chest size 3cmx1 = cm. 7 A cut injury near right back side ear size 2cmx1cm. Hyoid Bone is intact. Both the trial court as well as the High Court had found that the eye witnesses' account stands substantiated by the medical evidence. It must also be borne in mind that the factum of animosity between the parties stands admitted. In such a case the real assailants would not be left out although false implication could be a possibilit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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