Judgment :- M. Jeyapaul, J. All the seven accused, who suffered a judgment of conviction at the hands of the Additional Sessions Judge (Fast Track Court IV), Coimbatore in S.C.No.99 of 2004 are the appellants herein. 2. The charge is that on 35. 2003, at about 8.30 pm, all the seven accused committed rioting armed with lethal weapons and with the intention to cause death of Sivaraj and Kumar alias Selvakumar, attacked them with lethal weapons and caused their death and thereby committed offences punishable under sections 147, 148, 302 read with 149 IPC (2 counts). .3. The Trial Court convicted all the accused for the offences under sections 147 and 148 IPC and sentenced them to undergo one year rigorous imprisonment without imposing any separate sentence for offence under section 147 IPC and convicted them for offence punishable under section 302 read with 149 IPC (2 counts) and sentenced them to undergo life imprisonment and to pay a fine of Rs.10,000/= for each count and directed the sentence imposed under section 148 IPC to run concurrently, but the sentence imposed for offence under section 302 read with 149 IPC (2 counts) to run consecutively. Out of the total fine amount of Rs.1,40,000/=, a sum of Rs.75,000/= was ordered to be paid to PW1 and a sum of Rs.45,000/= to PW4 towards compensation. 4. On the side of the prosecution, 20 witnesses were examined besides marking 29 documents and 23 material objects. Neither oral nor documentary evidence was let in on the side of the defence. 5. Venkatesan, PW6 is the husband of Eswari, PW7. Both of them are trading in illicit arrack business in association with the deceased Sivaraj and Kumar. All the seven accused threatened the deceased Sivaraj, Kumar, PW6 and PW7 not to sell illicit arrack in their area. Further, the accused demanded some amount from PW6 to arrange for bailing out some accused involved in a case of murder which took place at Rockypalayam intersection. PW6 first parted with a sum of Rs.1000/= and thereafter Rs.5000/= to the accused. Further demand of Rs.5000/= from PW6 was not met by him. As the accused have declared that no more illicit arrack should be sold in their area, there was a scuffle in between the accused and PW6 and in the said quarrel, PW6 beat Arjunan, A1. 6. On 35. Further demand of Rs.5000/= from PW6 was not met by him. As the accused have declared that no more illicit arrack should be sold in their area, there was a scuffle in between the accused and PW6 and in the said quarrel, PW6 beat Arjunan, A1. 6. On 35. 2003, at about 8.00 pm, PW6 and PW7 proceeded to the VGP Garden area in Tirupur for the purpose of selling illicit arrack. Both of them spotted all the seven accused on the way to VGP Garden armed with lethal weapons. Sensing that a trouble would definitely arise, P.Ws.6 and 7 proceeded in a TVS moped following the accused. They reached VGP Garden where the deceased Sivaraj and Kumar were found selling arrack. The first accused delivered a cut on Sivaraj with a billhook. When Sivaraj and Kumar made an attempt to start their moped, A1 again attacked the deceased Sivaraj and as a result of which the deceased Sivaraj and Kumar fell down. Then the first accused attacked Kumar on his head. All the remaining accused attacked both Sivaraj and Kumar with cricket stumps and logs on all the parts of the body of the two victims. Both of them having raised distress call, fell down. The entire occurrence was witnessed by PW6 and PW7 through the flood light of the TVS moped driven by PW6. Not knowing the identity of PW6 and PW7, the accused having proclaimed to do away with their life if they ventured to apprehend them, sped away from the scene of occurrence. PW6 made arrangement to communicate to the wife of Sivaraj (PW1) about the occurrence. 7. Shanthi, PW1, is the wife, Sampath, PW2, is the brother and Shanthamani, PW3, is the mother of the deceased Sivaraj. All of them have spoken to the effect that PW1 received communication from an anonymous source over phone at about 8.30 pm on 6. 2003 about the murder of the husband of PW1 and one Kumar. Thulasiammal, PW4, is the mother of the deceased Kumar. She, having received information about the death of her son Kumar at about 12.00 noon on the said day, went to the scene of occurrence. On 6. 2003, at about 3.30 pm, Shanthi, PW1 went to Tirupur Rural Police Station and gave statement Ex.P1 to the Sub Inspector of Police, G.Murugesan, PW16. She, having received information about the death of her son Kumar at about 12.00 noon on the said day, went to the scene of occurrence. On 6. 2003, at about 3.30 pm, Shanthi, PW1 went to Tirupur Rural Police Station and gave statement Ex.P1 to the Sub Inspector of Police, G.Murugesan, PW16. He registered a case in Crime No.290 of 2003 under section 302 IPC. He prepared the printed FIR, Ex.P23 and despatched the same to the learned Judicial Magistrate II, Tirupur. Mr.Easwaramurthy, PW17, Inspector of Police attached to the said police station received a copy of the printed FIR at about 3.45 pm on 6. 2003 and proceeded to the scene of occurrence and prepared observation mahazar, Ex.P2 in the presence of Elango, PW5. He also drew rough sketch, Ex.P24 reflecting the scene of occurrence. He engaged the photographer to take photographs M.O.23 series. He held inquest on the dead body of Sivaraj and Kumar in the presence of the panchayatdars between 5.00 pm and 7.30 pm and prepared inquest reports, Ex.P25 and P26. He recovered the TVS moped, M.O.6 parked by the side of the dead body, the blood stained earth M.O.1, sample earth, M.O.2, blood stains on the moped handles, M.O.3, blood stains on the saree guard of the moped, M.O.4 and nylon bag, M.O.5 under relevant seizure mahazar in the presence of PW5. 8. PW17 arrested A1 to A4 in the presence of Shanmugam, PW8 and his Assistant, PW11. The gave separately confession statements and on the basis of the admissible portion found in the confession statement of the aforesaid respective accused, weapons were recovered at their instance. PW17 arrested A5 to A7 in the presence of the Village Administrative Officer, PW10 and on the basis of the confession statement separately given by them, the respective weapons were recovered at their instance. 9. Dr.Mathivanan, PW12, having received a requisition from PW17, conducted post mortem examination on the body of Sivaraj at 11.40 am on 6. 2003. He found the following symptoms and other external and internal injuries on the dead body of Sivaraj:- "Appearances found at the post mortem:- Body of a male lying on its back with eyes swollen and closed face swollen blood discharge from nose and mouth partially opened. Tongue kept inside. jaws clenched. No bleeding from both ears. External injuries:- 1. 2003. He found the following symptoms and other external and internal injuries on the dead body of Sivaraj:- "Appearances found at the post mortem:- Body of a male lying on its back with eyes swollen and closed face swollen blood discharge from nose and mouth partially opened. Tongue kept inside. jaws clenched. No bleeding from both ears. External injuries:- 1. A lacerated wound on the right parietal area of the scalp, it is 10 cms above right ear, 7 cms above right eyebrow near the right side of vertex, it is linear running from frontal to occipital directions. Length of the wound – 4 cms Breadth of the wound – 1 cm. Depth of the wound – ¾ cms. 2. There is a swelling right hand/dorsal aspect/no external wound 8 cm x 8 cm x 2 cm. 3. Swelling of left hand/dorsal aspect/no external wound 7 cm x 7 cm x 2 cm. 4. Abrasion on left little finger with palmar aspect 1 cm x 1 cm x 5 cm. Internal examination:- No fracture of ribs. Hyoid bone: intact. Heart: 350 gms. Pale. Empty. Lungs: Right 450. Left 400 gms. Pale. Stomach – Empty. Liver 1500 gms. Pale. Spleen 110 gms. Pale. Kidney: 150 gms. Pale. Intestine: distended with gas. Brain and skull and membrane. Blood is seen below scalp that is above the skull. Skull is fractured. Fracture runs from the vertex to the right ear, and it also runs from vertex to the left ear horizontally; there is another fracture running from the centre of above horizontal fracture that is from vertex to the occipital pale. Shape of the fracture is T shaped left right length of the I fracture from right ear to left ear is 18 cms; length of the II fracture is 8 cms from vertex to the occipital pole. 3. Another left fracture on the back of occipital area of the left side and it is 5 cms long. All the three fractures are hairline fracture only. Meninges is full of clotted blood brain surface of the brain is smeared with blood. Brain is 400 gms. Pale. Base of the skull fractured on the right petrones. Part of left temporal bone present. All the three fractures are hairline fracture only. Meninges is full of clotted blood brain surface of the brain is smeared with blood. Brain is 400 gms. Pale. Base of the skull fractured on the right petrones. Part of left temporal bone present. Scalp wound No.1 correspond to the meeting of the fractures near the vertex." He has opined in the post mortem certificate, Ex.P20 that the deceased Sivaraj appear to have died about 36 to 40 hours prior to autopsy. 10. PW12 received requisition from PW17 to conduct post mortem on the dead body of Kumar alias Selvakumar and he commenced the post mortem examination at 1.00 pm on 6. 2003 and found the following symptoms and external and internal injuries on the dead body of Kumar alias Selvakumar:- "Appearances found at the post mortem:- Body of male lying on its back with eye closed and swollen. Mouth partially closed tongue kept inside bleeding from left ear symmetrical, moderate nutrition. Jaws clenched face is swollen and eyelids swollen. External injuries:-An incised wound on the right frontal area of the skull just near the hair line 2 cm x ½ cm x ½ cm bone depth. 2. Another incised wound on the left frontal area of the skull just near the hairline 4 cm x ½ cm x (4 cm x ½ cm x bone depth) x bone depth edges of the wound No.1 and sizes of wound 2 is sharp. 3) Contusion around the front and back and below left ear present; No external wound bleeding from left ear present. 4) Abrasion over right knee joint 10 cm x 7 cm x ½ cm. 5) Abrasion over left muscle 10 cm x 8 cm x 5 cm. Internal examination:- No fracture ribs. Hyoid bone – intact. Heart:- pale x 300 gm empty. Lungs: Right 450 gms left 400 gm. Pale. Liver:- 1500 gm. Pale. Stomach empty. Spleen 110 gms pale. Kidney 150 gms pale. Intestine distended with gas bladder empty. Brain and skull and membrane: fractured skull. It runs from the No.1 wound of external injuries to the left side of the frontal area of skull turns upwards to the left temporal area of the skull. Skull above left ear is broken into multiple pieces. Merger (?) and NC with left end of the above fracture. Length of the (N,C) fracture is 26 cms. It runs from the No.1 wound of external injuries to the left side of the frontal area of skull turns upwards to the left temporal area of the skull. Skull above left ear is broken into multiple pieces. Merger (?) and NC with left end of the above fracture. Length of the (N,C) fracture is 26 cms. Breadth of the fracture 5 cm in right frontal area and 1 cm in the left temporal area of the skull. Brain seen through the above fracture with multiple pieces of skull. Brain surface is smeared with blood. Right end of fracture is corresponding to the No.1 wound of external injuries and No.2 wound of external injuries on probing merges with the above fracture with left frontal area of skull. Viscera preserved." He has issued post mortem certificate, Ex.P22. He has opined in the post mortem certificate that the deceased Selvakumar appeared to have died about 36 to 40 hours prior to autopsy. 11. Shanmugam, PW9, who has been examined as one of the ocular witnesses, has completely turned hostile to the version of the prosecution. 12. The post mortem Constables PW13 and PW14 recovered apparels found on the dead body of Sivaraj and Selvakumar after the post mortem examination was over and entrusted them to PW17 for the purpose of further investigation in this case. 13. PW15 is the photographer who has taken the photographs at the request flowed from the Inspector of Police, PW17. 14. PW18, who is the Head Clerk attached to the learned Judicial Magistrate II, Tirupur, has spoken to the receipt of the Material Objects in this case and despatching them to the chemical examiner on the basis of the requisition made by the Inspector of Police, PW17. PW19 and PW20 are the Forensic Experts. They have spoken to the Biology Report and Serology Report submitted by them after due analysis. 15. PW17, having completed the investigation, laid final report as against A1 to A7 under sections 147, 148 and 302 read with 149 IPC. The accused denied their role in the occurrence. 16. Learned Trial Judge, having adverted to the ocular testimony of PW6 and PW7 and the medical evidence, has come to the conclusion that A1 to A7 have committed the murder in culmination of the rioting armed with lethal weapons. 17. The accused denied their role in the occurrence. 16. Learned Trial Judge, having adverted to the ocular testimony of PW6 and PW7 and the medical evidence, has come to the conclusion that A1 to A7 have committed the murder in culmination of the rioting armed with lethal weapons. 17. Learned Senior Counsel for A1 and A4 to A7 and the learned counsel for A2 and A3 would vehemently submit that the ocular testimony of PW6 and PW7 does not inspire judicial confidence inasmuch as they have chosen to divulge the occurrence only on 6. 2003. The learned Senior Counsel, drawing the attention of this court to the testimony of PW1, would submit that PW6 and PW7, who had an occasion to meet PW1, had not whispered anything about the role of the assailants to PW1. Referring to the date on which the statement of PW6 and PW7 reached the portals of the learned Judicial Magistrate, the learned counsel for A2 and A3 would submit that all was not well with the prosecution in the matter of investigation of this case. Eschewing the testimony of PW6 and PW7, there is no other legal evidence to convict the accused in this case. Therefore, they would submit that the accused are entitled to acquittal. .18. The learned Additional Public Prosecutor appearing for the State would contend that the ocular testimony of PW6 and PW7 proves the case of prosecution beyond reasonable doubt. Further there is recovery from each of the accused on the basis of the confession statements given by them. The medical testimony synchronizes with the ocular testimony of PW6 and PW7 and therefore, he would submit that the Trial Court has rightly recorded conviction based on the aforesaid telling testimony available on record. 19. As rightly pointed out by the learned counsel for the appellants, it is found that PW6 and PW7 have been examined only on 6. 2003. The occurrence had taken place at about 8.30 pm on 35. 2003 itself. PW6 categorically admits during the course of cross examination that the deceased Sivaraj was closely related to his wife. PW1 also would state during the course of chief examination itself that PW6 was an associate of her husband. But, for about 48 hours, neither PW6 nor PW7 had opened their mouth about the occurrence to any of the persons. PW6 categorically admits during the course of cross examination that the deceased Sivaraj was closely related to his wife. PW1 also would state during the course of chief examination itself that PW6 was an associate of her husband. But, for about 48 hours, neither PW6 nor PW7 had opened their mouth about the occurrence to any of the persons. As a relative, PW7 would have definitely gone to the house of PW1 and informed her of the occurrence she had witnessed during the night on 35. 2003. PW1 would admit that she had never met either PW6 or PW7 after the occurrence. .20. The artificial version of PW6 and PW7 is that they went by a TVS 50 moped to the scene of occurrence and saw the whole occurrence from a distance of about 20 feet with the flood light of their TVS moped. Nobody else would have dared to stand nearby the scene of occurrence in the pitch dark when the assailants armed with deadly weapons started committing the murder of two persons. Surprisingly, PW6 and PW7, who would state that they had gone to the scene of occurrence sensing some trouble at the place where the illicit arrack was sold, following the accused and witnessed the whole occurrence, had chosen not to appraise PW1 about the murder committed by the accused. Their conduct seems to be quite abnormal. It is found that their statements recorded under section 161 Cr.P.C. have reached the portals of the learned Judicial Magistrate only on 6. 2003. The investigation officer could not say as to how he could zero in on PW6 and PW7 as ocular witnesses to the ghastly crime of double murder. PW6 and PW7 would depose that the investigation officer PW17 came just like that to their house and examined them. The doubt which lingers in the mind of the court is reinforced by the aforesaid conduct of the investigating officer. Shanmugam, PW9, who allegedly witnessed the occurrence, has completely left the prosecution in the lurch. Eschewing the evidence of PW6 and PW7, there is no clinching testimony to incriminate the accused 1 to 7 in the crime of rioting and double murder. The evidence of PW6 and PW7 is not found to be trustworthy and dependable. It is totally unsafe to record conviction based on their testimony. Eschewing the evidence of PW6 and PW7, there is no clinching testimony to incriminate the accused 1 to 7 in the crime of rioting and double murder. The evidence of PW6 and PW7 is not found to be trustworthy and dependable. It is totally unsafe to record conviction based on their testimony. The prosecution has miserably failed to bring home the guilt to the accused. Therefore, the accused are entitled to acquittal. 21. In the result, the judgment of conviction and sentence imposed on the appellants in S.C.No.99 of 2004 by the Additional Sessions Judge (Fast Track Court IV), Coimbatore is set aside and as a consequence, all the appellants are acquitted of all the charges framed as against them and they are ordered to be set at liberty forthwith. The fine amounts, if any, paid by them are directed to be refunded. The criminal appeal, therefore, stands allowed. Bail Bonds executed by the appellants shall stand discharged.