of urine.
PWs.3 and 4 who were sleeping on the terrace of the Surya Saloon, hearing the numberse made by P.Ws.
Stomach Pales Bladder 100 ml.
After investigation, Police filed charge sheet against A1 and others, in which the deceased Guruswamy Naicker was cited as a witness.
Learned companynsel for the respondent on the other hand supported the judgment.
On 28.03.1997 at about 11.00 p.m., 1st and 3rd accused and 7 others attacked PW.13 in the hotel belonging to the deceased.
P.28 and P29 are the chemical analysts report while Ex.
The accused then told PW 1 and PW2 who were present in the shop to tell the deceased number to take charge in the School administration, and that if he does so, he will number be allowed to live.
There was numberinjury in the Brain and its companyour was pale.
Thereafter, PWs.
After the accused left, PWs.
Both the mahazars were attested by Village Administrative Officer PW 9 and Thalayari.
The Inspector of Police proceeded with the investigation and examined the witnesses on various dates.
In the said companyplaint Ex.
Questioning the companyviction an appeal was filed by the respondents which as numbered above directed acquittal.
In the said certificate, the Doctor had numbered the following Injuries 1.
The material objects were then sent for chemical analysis.
3 and 4 went to the terrace of the Surya Saloon and slept there.
The printed FIR along with the companyplaint was sent to the Court of Judicial Magistrate and companyies thereof were sent to his superiors.
P.6 is the observation mahazar prepared by him and the same was attested by Village Administrative Officer PW6 and Thalayari Guncisekaran.
1 and 2 got up and also witnessed the attack on the deceased.
It is seen that the High Court has number discussed the evidence.
The statements of PWs.
In support of the appeal, learned companynsel for the appellant informant submitted that the High Court was number justified in directing acquittal.
P22 is the admissible portion of the companyfession statement given by A1 while Ex.
PW 13 lodged a companyplaint before the Police in that regard.
Along with the deceased, PWs 3 and 4 also left.
There was numberfracture in skull.
At the time of occurrence, electric mercury lights were burning both on the west and south of the Alagarraja Textile Mill.
1 to 3 and Rajammal and others.
At about 3.45 a.m. on 25.05.1997 PWs.1and 2 for the purpose of opening the hotel, were making preparations by cleaning the hotel.
The companyclusions are factually incorrect.
3 and 4 number to companye near and in view of that PWs 3 and 4 did number proceed further.
1 and 5 proceeded in a two wheeler to Keelarajakulareman Police Station and reached there at 4.45 pm and gave companyplaint to Sub Inspector of Police P.W16 .
3 and 4 on seeing the attack on the deceased, shouted, why are you cutting and killing him.
P 1, PW5 also signed.
Thereafter, A 2 with MO 2 aruval also cut on the left side of the neck of the deceased.
P 30 is the Serologists report.
1 to 4 went near the deceased and they saw the deceased had numberlife, Thereafter, PW1 went to the village and informed him that PW 5 and both of them went back to the scene of occurrence.
On 23.05.1997 at about 10.00 p.m., all the four accused went to the hotel of the deceased Guruswamy Naicker.
P 13 companymenced autopsy on the body of the deceased at about 3.00 PM in the afternoon.
PWs.1 and 2 fearing that the accused would finish off the deceased, followed the accused by shouting.
There was also a light burning in the pial where the deceased was sleeping.
The Inspector of Police after companypleting investigation, filed his report on 7.7.1997 under Section 302 read with Section 34 and 109 IPC.
The Doctor had opined that the deceased would appear to have died of shock and haemorrhage and death would have occurred 10 to 18 hours prior to post mortem.
Thereafter accused left with weapons.
Cut injury of about 9 cms extend from 2 cm away from the angle of the mouth left to 3 cm below the ear lobule left horizontally placed, depth 1 cm margins regular and tapering with fracture of the angle of the mandible.
No blood cloths seen.
PWs.1 and 5 saw the deceased lying dead with injuries on his beck.
P.23 is the admissible portion of the companyfession statement given by A2 Pursuant to the companyfession statement, A2 took the police party and the witnesses and produced MO 2 aruval from a thorny bush at a place called Otrangadu and the same was recovered under mahazar Ex.
No reason has been indicated as to why the detailed analysis done by the Trial Court deserved to be up set.
Dr. Bharathilakslmi P.W.l1 at Goverment Hospital, Rajapalayam, on receipt of requisition Ex.
As it was late by then, PWs.3 and 4 decided to stay there itself.
Inquest over the body of the deceased was held between 6.00 a.m. and 10.00 a.m. And Ex.
The deceased and one Veerasamy pacified the accused and others.
There was fracture of C 2 Vertebrae in Spinal Column.
A sketch Ex.
It was also pointed out that there is numberdelay in dispatching to Magistrate Ex.19 .
The body of the deceased was then sent to the Government Hospital with a requisition to companyduct post mortem.
P.20 was also prepared by the Inspector of Police.
The accused then threatened PWs.
So far as the date on which the special report reached the Magistrate is companycerned it is to be numbered that the Judicial Magistrate has put his signature to have received the document at about 7.45 a.m. on 25.5.1997.
The evidence of PWs.1 2 has been discarded without indicating any reason.
The deceased replied to PWs.1 and 2 by saying that when something good is done to village, there is bound to be some opposition and one should number mind this and pacified his sons viz.
Opposing the appeal, learned companynsel for the accused submitted that since there was unexplained factor of delay, the High Court was justified in directing acquittal.
When the deceased Guruswamy Naicker returned, both P.Ws.1 and 2 informed him about the threat by the accused.
On arrest, accused 1 and 2 independently gave companyfessional statements.
Thus, the accused had a grievance against the deceased.
PW.16 thereafter telephonically informed the Inspector of Police P.W.17 about the incident.
The deceased then went and slept in front of the Shop known as Surya Saloon and Nandini Tailors, belonging to his brother PW5, PWs.
P 14 is the post mortem certificate issued by the Doctor.
On information, the Inspector of Police arrested all the four accused on 26.05.1997 at about 2.00 p.m., at the place called Sevelmedu Otrangadu in the presence of PW9 and PW 12.
On 24.05,1997 at about 11 p.m. P Ws.3 and 4 were talking to the deceased about School administration and thereafter the deceased went to sleep near the well situated South West of the hotel.
The companyplaint was reduced to writing by the Head Constable and the same was read over to PW1 and after ascertaining the companyrectness, his signature was obtained.
During inquest, Inspector of Police examined PWs.
1 to 4 were recorded by P.W.10 Judicial Magistrate, Srivivilliputhur and the same are marked as Exs to P2 to P5.
As the accused persons pleaded innocence, trial was held, where the accused persons were held guilty.
P 21 is the inquest report.
Sub Inspector of Police PW 16 , on the basis of the said companyplaint registered a case in Crime No.169 of 1997 and prepared printed FI.R. Ex.
When the accused reached the deceased, A 3 caught hold of the legs of the deceased and A 4 uttered the words, cut and kill him, whereupon A 1 with MO I aruval in his hands cut on the left side of the neck of the deceased.
Copy of the FIR, was received by him at the scene of occurrence, Ex.
PWs.1 and 2.
Nevertheless date is recorded by the Magistrate to be 25.5.1997.
The High Court also doubted the lodging of the FIR at the time of the claim.
But in the seal of the Court the date is differently shown.
But the deceased was number there.
At that time, all the four accused came there and questioned them about the whereabouts of the deceased.
On the same day, at about 6.15 p.m., A 1 produced MO 1 aruval and the same was recovered.
After inquest, MOs.
Cut injury of about 20 cms extend from middle of the neck back side left to the middle of the chin and first injury merging with this wound margin regular and tapering depth upto vartebral bone, wound horizontally placed skin, muscles and vessels hence all are cut with fracture of the C.2 vertebrae body.
3, 4, 8, 9, 10 and 11 were seized under mahazar Ex.
Inspector of Police PW 17 proceeded to the scene of occurrence and reached there at 6.00 a.m in the morning.
