Judgment :- (This Criminal Appeal has been preferred against the judgment and conviction passed by the Learned III Additional Sessions Judge, Tirunelveli in S.C.No.430 of 1993, dated 24.7.2001.) S. Ashok Kumar, J. The appellants were convicted by the III Additional Sessions Judge, Tirunelveli to undergo imprisonment for life for offences under section 302 IPC read with Section 34 IPC and to pay a fine of Rs.8,000/= each, in default to undergo two years rigorous imprisonment and for offences under section 404 IPC read with Section 34 IPC to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/=, in default to undergo Six months rigorous imprisonment. Aggrieved over the said judgment and conviction the appellants preferred this appeal. 2. The brief facts of the prosecution case are as follows: - (a) A-1 belongs to Manjankolam village. A.2, A.3 and one Anandan (since deceased) belongs to C.N.Village in Tirunelveli Jucntion and they are friends of A.1. P.W.4 Kasiammal, wife of the deceased belongs to Vellur, near Srivaikuntam. P.W.1, Sahadevan is a resident of Manjankolam. P.W.3 is also a resident of Manjankolam. P.W.2 Natarajan is residing at Ervadi Lakshminarasingapuram. P.W.5 Peer Mohammed is living at Ervadi and is having a vegetable shop in the main Bazaar where the deceased Murugan very often used to visit. P.W.6 is a retired Village Administrative Officer, who is residing at Ervadi. P.W.7 Khader is an agriculturist and he is working as a Lightman at Noor Complex. P.Ws.8 and 9 also belong to Ervadi. (b) The motive for the occurrence is said to be that about 15 days prior to 3.9.1991, the deceased assaulted A.1 with Cheppals at Ervadi Bus Stop and at that time A.1 threatened to kill him. Therefore, A.1 collected his friends A.2, A.3 and one Anandan (since deceased) and came to the place of occurrence which is the front portion of the Jamuna Vessel shop in Ervadi Bazaar and A.1 pulled and dragged the deceased to a place near Noor complex and A.3 caught hold of the deceased by holding his head and all the accused indiscriminately cut the deceased with Aruval, causing multiple injuries which caused the instantaneous death and thereafter they have taken away about 71 grams of gold chain which was worn by the deceased. The occurrence was witnessed by P.W.1, P.W.2 and P.W.5. The occurrence was witnessed by P.W.1, P.W.2 and P.W.5. When the accused were running away from the scene via., Nadar Street of Erwadi, P.W.3 questioned A.1 and A.1 told him that they have killed the deceased and thereafter he also ran away. Immediately P.W.1 went to Police Station at 9.00 p.m., and lodged Ex.P.1 complaint before P.W.20, Sub Inspector of Police. P.W.20 recorded the statement and also got the statement attested by one Shanmugasundaram. Based on the said Ex.P.1 complaint, a case in Crime No.241/91 for offences under section 302 IPC was registered and Ex.P.15 is the printed FIR. The original FIR and the complaint were sent to Judicial Magistrate and copies to the higher officials. P.W.20 also informed PW.23 through Wireless about the occurrence. P.W.23, Inspector of Police reached the Police Station at 10.00 pm., and got the copy of FIR and took up investigation. At 10.15 pm., he went to the place of occurrence and in the presence of P.w.6, Village Administrative Officer and Sudalaikannu, he prepared an observation Mahazar Ex.P.2. He also prepared a rough sketch Ex.P.16. He engaged P.W.8 to take photographs of the place of occurrence and the body. In the same night between 12.00 pm., and 3.00 a.m., of 4.9.2991 morning in the presence of Panchayatdars P.W.23 conducted inquest on the body of the deceased and prepared Ex.P.17 inquest report. During inquest he examined witnesses P.Ws.1 to 3 and Muthulakshmi and recorded their statements. After inquest, he sent the body of the deceased to the Government Hospital, Nanguneri through P.W.22 for the purpose of autopsy along with a requisition Ex.P.9. On 4.9.1991 at 1.30 pm., P.W.14, Dr.Andiappan conducted autopsy on the body of the deceased and found the following injuries: - "1. Deep cut wound on left fronto temporal region 15 cm x 6 cm x bone deep. 2. An oblique deep cut-wound on fronto parietal extending the region in front of left ear 20 cm x 4 cm x Bone deep. 3. Left lobe ear severed in the middle region. 4. Deep cut wound in front of left infra orbital region extending laterally 10 cm x 3 cm x 3 cm. 5. Lacerated wound in front of left ear in extensive area 10 cm x 6 cm x bone deep molar level upto premolar tooth chip of mandible bone seen on dissection. 6. 4. Deep cut wound in front of left infra orbital region extending laterally 10 cm x 3 cm x 3 cm. 5. Lacerated wound in front of left ear in extensive area 10 cm x 6 cm x bone deep molar level upto premolar tooth chip of mandible bone seen on dissection. 6. Deep cut wound along the lower border of chin to the angle of mandible 20 cm x 3 cm x bone deep on left side. 7. Incised wound along the lower border of left lower lp 6 xcm x 2 cm x 2 cm,. 8. Deep cut wound in the middle of chin extending laterally to cheek 10 cm x 3 cm x bone deep. 9. contusion 15 cm x 3 cm in the upper part of left arm 10. Incised wound just below left elbow 10 cm x 2 cm x 3 cm muscles exposed. 11. Lacerated wound in the dorsal aspect of left wrist 5 cm x 4 cm x 2 cm 12. Lacerated wound in the middle and lateral part of left thigh. 13. Terminal Phalanx in left ring finger posteriorly severed. 14. Lacerated wound in the middle Phalanx of left middle finger 2 cm x 1 cm x 1 cm. 15. Lacerated wound medial part of left index finger 2 cm x 1 cm x 1 cm. 16. Incised wound above right elbow 5 cm x 3 cm x 2 cm 17. Lacerated wound in left frontal region 10 cm x 3 cm x bone deep. 18. Deep cut wound in right parietal region 12 cm x 3 cm x bone deep. 19. Deep cut wound adjacent to injury NO.18 15 cm x 3 cm x bone deep fracture light parietal bone seen 20. Deep cut wound on the right parietal region 10 cm x 3 cm x bone deep. 21. Abrasion on left hypochondrium 2 cm x ½ cm. 22. Contusion on upper lateral part of thigh 15 cm x ½ cm. 25. Incised wound on right upper arm 4 cm x 2 cm x 2 cm 26. Abrasion on base of right thumb 2 cm x 1 cm 27. Abrasion on right rign finger 1 cm x 1 cm." P.W.14 further gave opinion that the death would have occurred due to shock and haemorrage as a result of the injures sustained. (c) P.W.23, Inspector of Police continued his investigation. Abrasion on base of right thumb 2 cm x 1 cm 27. Abrasion on right rign finger 1 cm x 1 cm." P.W.14 further gave opinion that the death would have occurred due to shock and haemorrage as a result of the injures sustained. (c) P.W.23, Inspector of Police continued his investigation. On 4.9.1991 at 3.15 a.m., in the presence of the Village Administrative Officer, (P.w.6) Khader Meeran Sahib and Thyalayari, he seized M.O.7, blood stained watch pieces, M.O.8 series, broken glass pieces of the watch, M.O.9, white watch dial, M.O.10, black colour plastic ring, M.O3, gold hook, M.O.13, Blood stained Thar road earth, M.O.2, gold dollar, M.O.11 series a pair of slippers, M.O.12 series another pair of slippers, M.O.15, blood under cover of mahazar P.3. He also examined other witnesses. On 13.9.1991, he examined PW.14 Dr.Andiappan and recorded his statement. (d) On 14.9.1991 at about 3.30 pm., P.W.23, Inspector of Police arrested A.3 at Marudhakulam in the presence of PW.9 and one Sivasubramanian and A.3 volunteered to give a confession, admissible portion of which is Ex.P.4. In pursuance of the said confession, on the same day, he took the Inspector of Police and witnesses to a Bridge near Vijayanarayanan Military Camp and produced M.O.18 series, 4 aruvals which were recovered under a cover of mahazar Ex.P.5. On 15.9.1991 at 2.00 pm., he arrested A.1 in the presence of P.W.10 Muthiah and one Sudalaikannu and A.1 volunteered to give a confession and admissible portion of which is Ex.P.6. On the same day at 4.00 pm., he took the Police party and the above witnesses to Meenakshipuram and identified Anandammal, W/o.Rajendran and produced M.O.19 dhoti and M.O.20 shirt which were seized under a cover of mahazar Ex.P.7. On the same day, A.1 led the Police party to Mudalaikulam, where he identified one Gununathan from whom M.O.1, gold chain was recovered and seized under a cover of mahzar Ex.P.8. P.W.23 examined the mahazar witnesses and recorded their statements. He also examined one Ayyappan, an employee of Anthoniar Cycle Mart from where A.1 has hired cycle on 3.9.1991 and also got the ledger of the cycle shop which is Ex.P.18. The relevant entry made in Ex.P.18 is Ex.P.19. On 16.9.1991 he sent a requisition Ex.P.20 to the Judicial Magistrate to conduct identification parade for A.2, A.3 and deceased accused Anandan. He also sent a requisition Ex.P.21 to record the confession statement of A.3. The relevant entry made in Ex.P.18 is Ex.P.19. On 16.9.1991 he sent a requisition Ex.P.20 to the Judicial Magistrate to conduct identification parade for A.2, A.3 and deceased accused Anandan. He also sent a requisition Ex.P.21 to record the confession statement of A.3. On 19.9.1991 he sent Ex.P.11 requisition to the Judicial Magistrate to send the case properties for chemical analysis. (e) P.W.24, Judicial Magistrate, Valliyoor, who received Ex.P.21 requisition from the Inspector of Police, sent a memo to produce A.3 before him and in pursuance of the said memo, A.3 was produced before him on 26.9.1991 at 2.00 pm., He observed the usual formalities of sending all the people outside the court, locking the doors and warning the accused that it is not necessary for him to give a confession and also that the confession which he may give, may be used against him in the subsequent trial and by giving such confession he will not be released from the case and he sent him back to Jail to think over about his warnings. On the next date i.e., on 27.9.1991.. at 2.30 pm., A.3 was produced before the same Magistrate and observing the same procedure and giving sufficient warning to the accused, he recorded the confession statement of the accused under Section 164 Cr.P.C., The proceedings and the confession statement are Ex.P.22. He also received Ex.P.20 requisition of the Inspector of Police to conduct Identification Parade along with the order of the Chief Judicial Magistrate. On 30.9.1991, he conducted Identification Parade in the Central Prison of Tirunelveli observing all the necessary formalities. He asked P.Ws.1, 2 and one Shanmugasundaram to identifyA.2, A.3 and the deceased Anandan and all the three witnesses identified the accused correctly. The proceedings of the Identification Parade conducted by P.W.24 are Ex.P.23. (f) P.W.25, Inspector of Police, who took up further investigation, examined the Sub Inspector of Police and also witnesses P.Ws 1,2 and Shanmugasundaram and after completing investigation on 22.11.1991, laid final report against the accused for offences under Sections 302 and 404 read with 34 IPC. 3. Before the trial court, P.Ws 1 to 25 were examined on behalf of the prosecution and Exs.P.1 to P.23 and M.Os 1 to 24 were marked. On behalf of the accused no witness was examined and no document was produced. 3. Before the trial court, P.Ws 1 to 25 were examined on behalf of the prosecution and Exs.P.1 to P.23 and M.Os 1 to 24 were marked. On behalf of the accused no witness was examined and no document was produced. When the accused were questioned under Section 313 Cr.P.C with regard to the incriminating circumstances appearing in the evidence of the prosecution witnesses, all the accused denied the same as false and not known. A.3 has also filed a written statement wherein he has mentioned that the Police took custody of his wife and gave her Rs.2000/= for expenses and threatened her to induce him to give a confession before the Magistrate and due to the inducement and out of fear that the Police may implicate his wife in a false case, he has made the false confession before the Judicial Magistrate. 4. On a careful consideration of the oral and documentary evidence the learned III Additional District and Sessions Judge, Tirunelveli has convicted all the accused to for the offence under section 302 IPC read with Sec.34 IPC to under go imprisonment for life and to pay a fine of Rs.8000/= in default to undergo rigorous imprisonment for two years and for the offence under Section 404 IPC read with Sec.34 IPC to undergo rigorous imprisonment for one year in default to undergo rigorous imprisonment for 6 months. Aggrieved over the said judgment and conviction the accused have preferred the present appeal. 5. Learned counsel appearing for the appellants would contend that A.2 and A.3 are not residents of the place of occurrence and they are implicated only on surmises, that A.3 has been induced by the Police to give confession statement on inducement by the Police and the Identification Parade conducted by the learned Judicial Magistrate should not be relied upon since the accused were already shown to the witnesses before such Parade. Per contra, the learned Government Advocate would contend that P.Ws 1,2 and 5 and other witnesses have no enmity to implicate these accused persons falsely in this case and the properties recovered in pursuance of the said confession statement by the accused is a clinching circumstantial evidence to fasten the guilt on the appellants-accused. 6. The time of occurrence and place of occurrence are not in dispute. 6. The time of occurrence and place of occurrence are not in dispute. There was enmity between A.1 and the deceased because the deceased has beaten him in the Bazaar with cheppals about 15 days prior to the occurrence. P.Ws 1 and 2 are eyewitnesses who have given cogent and clear evidence about the involvement of these three accused along with one Anandan (since deceased). P.W.3 has deposed that after the occurrence when the accused were running via Nadar Street, he questioned A.1, who stated that he has murdered his enemy, thereafter he has seen the body of the deceased. P.W.5 who is a Muslim, who owns a Vegetable shop near the place of occurrence in the main Bazaar has also deposed that A.1 caught hold of the deceased and pulled him near Noor Complex and pushed him down and three other persons came with Aruvals and all of them indiscriminately cut the deceased and he has also deposed that he knew A.1, because he very often used to visit Ervadi. Thus, there is evidence of P.W.1,2 and 5 who figured as eye-witnesses and there is no enmity with them to implicate the accused falsely. P.W.3 has seen the accused running with bloodstained Aruval immediately after the occurrence. We do not find any reason to disbelive the evidence of the ocular evidence of the eye witnesses. 7. A.2 and A.3 do not belong to the place of village where the occurrence took place. However, at the request of the Inspector of Police and on the orders of the Chief Judicial Magistrate, the Judicial Magistrate, Valiyoor has conducted an Identification Parade on 30.9.1991 in which P.Ws.1, 2 and one Shanmugasundaram have identified the accused correctly and the Identification Parade proceedings are Ex.P.23. One of the accused has stated that already the accused were shown to the witnesses. This is a usual defence where every accused would say like this and there is no evidence for such plea. A.2, A.3 and the deceased accused Anandan were identified correctly by P.Ws 1,2 and Shanmugasundaram. 8. Another important circumstantial evidence is that A.3 was arrested on 14.9.1991 and in pursuance of Ex.P.4 confession, he has produced 4 Aruvals, M.O.18 series used by all the accused which were recovered under a cover of mahazar Ex.P.5. A.2, A.3 and the deceased accused Anandan were identified correctly by P.Ws 1,2 and Shanmugasundaram. 8. Another important circumstantial evidence is that A.3 was arrested on 14.9.1991 and in pursuance of Ex.P.4 confession, he has produced 4 Aruvals, M.O.18 series used by all the accused which were recovered under a cover of mahazar Ex.P.5. On 15.9.1991 at 2.00 pm., P.W.23, Inspector of Police arrested A.1 and he volunteered to give a confession admissible portion of which is Ex.P.6. On the same day at 4.00 pm., A.1 took the Police party and witnesses to Meenakshipuram and produced M.O.19 dhoti and M.O.20 shirt which were seized under a cover of mahazar Ex.P.7. On the same day, A.1 led the Police party to Mudalaikulam, where he identified one Gununathan from whom M.O.1, gold chain was recovered and seized under a cover of mahzar Ex.P.8. When M.O.18 series, 4 Aruvals which were seized under a cover of Mahazar Ex.P.5 in pursuance of Ex.P.4 confession of A.3, and Mos. 19 and 20 namely dhoti and shirt which was seized under a cover of Mahazar Ex.P.7, in pursuance of Ex.P.6, confession of A.1 along with the case properties like the bloodstained earth and dress materials worn by the deceased were sent for chemical analysis as per Ex.P.13, all the items were found to contain human blood and Ex.P.14 serologist's report would confirm that all the Aruvals contain human B group blood which matched with the blood group of the deceased as found from the Dhoti and Shirt worn by the deceased. This circumstantial evidence clearly proves the involvement of all the accused in the crime. Further, A.3 has also given a confession statement, which was recorded under Section 164 Cr.P.C., by P.W.24, Judicial Magistrate, wherein he has also admitted the offence. 9. The ocular evidence of eye witnesses PWs 1,2 5 and part eye witnesses P.W.3, supported by medical evidence and recovery of weapons and also the confession of A.3 clearly proves the guilt of the accused beyond any reasonable doubt and therefore we do not see any reason to interfere with the judgment and conviction of the accused. Hence the Appeal deserves to be dismissed and the same is hereby dismissed.