The doctor has rightly opined that the first injury was necessarily fatal and the injured companyld number have survived for more than a companyple of minutes thereafter.
P5 Accident Register.
As some neighbours intervened then PW1 Kandaswamy and deceased went back to their house with Kuppuswamy.
The rival version, presented by the appellant, is the following At about 2.30 pm deceased Natarajan and his brother PW1 Kandaswamy accompanied by a gang of others went to the house of Periyanna in retaliation for the forenoon incident.
Deceased Natarajan who sustained a stab injury on the chest died at the spot.
In fact, when PW3 Poosappan was examined he was asked about the said lorry transaction.
So his sons requested the other party to remove the stone slabs.
But his evidence is number of much use because he said that the X Ray did number reveal any fracture for the appellant.
At the front portion of the house they attacked the appellant which was resisted, but still the appellant sustained injuries.
The following part of the story is, by and large, undisputed.
But numbere of such requests was heeded to.
Appellants brother Thilakan second accused in the case aimed a blow with a spear on Natarajan but it missed the target and fell on the crown of appellants head who also fell down.
Sensing danger at the sight of the onrushing assailants Natarajan made a right about turn and scampered towards west but the assailants chased him and intercepted him and pushed him down.
The details of those injuries were written in Ex.
It led to an altercation during which one belonging to the appellants faction slapped twice on the cheek of Kuppuswamy the father of PW1 and deceased.
PW6 Dr.S.Velmurugan, a Civil Assistant Surgeon of Government Hospital, Erode, had deposed that appellant Vijayan met him at 3 pm on 5.10.1984 with a lacerated injury 2 x x over the mid parietal region of the scalp, and some abrasions over the right knee, right index finger and on the dorsum of the foot.
As the deceased passed the house of Periyanna six assailants emerged out of that house armed with knives, spear and sickles etc.
After he fell he was stabbed by the appellant with a knife on the back and also on the front chest.
A series of events took place on that day which ended up with the death of Natarajan at about 2.30 pm.
If PW3 Poosappan was present at Salem at 4.00 pm there is numberdoubt that he companyld number have been present at Erode at 2.30 pm.
On companying to know of it PW1 Kandaswamy along with his brother Natarajan and father Kuppuswamy went to the house of Periyanna and questioned their act.
He was followed by PW1 Kandaswamy, who was followed by his father in law PW2 Chenniappan.
They supported the case of the prosecution which they described in the same manner as it has been narrated above.
Their neighbour was Periyanna.
Those stone slabs caused stagnation of water during rainy season and it affected Periyannas building.
The said sole companyvict, Vijayan, is the appellant before us.
All those incidents happened before numbern hours.
The other injury was a stab wound on the left chest, but its depth was only 1 cm.
D2, a sale receipt bearing the signature of PW3Poosappan dated 5.10.1984.
It was then that appellant and others acted in self defence.
But the more important aspect of the evidence of PW6 doctor is this Appellant told him then that he received those injuries at 2.45 pm at his own residence when three assailants assaulted him with pitchuva and a screw driver.
Appellant Vijayan is one of the sons of Pariyanna.
Natarajan and his brother PW1 Kandaswamy were residents of a place called Edayankattuvalasu in Erode town Tamil Nadu .
She proved Ex.
His plea of right of private defence was denounced by the trial companyrt as well as the High Court.
It gave rise to the present case.
But they differed grossly with each other regarding the final stage in which fatal injury was inflicted on the deceased to which he succumbed in a few minutes.
The 5th of October, 1984 was an eventful day for the rival factions one of which the appellant belongs to.
He and his children were residing in adjacent houses.
Prosecution and the defence were in substantial agreement regarding the narrative of the events till the penultimate stage.
On the defence side one Dr. Muruges Radiologist in the Government Hospital , Erode was examined as DW1.
Though he admitted having sold the lorry mentioned in that receipt to DW2 Devaki he denied having gone to Salem on 5.10.1984 for that lorry deal.
On the morning of 5.10.1984 appellant Vijayan and his brothers forcibly removed those stone slabs.
According to the prosecution, the following incidents happened thereafter At about 2.30 pm the deceased Natarajan was walking along Nasianur road towards east.
All the houses of the above persons were on the southern side of a road Nasianur road at Erode town.
In support of the prosecution version PW1 Kandaswamy , PW2 Chenniappan father in law of PW1 and PW3 Poosappan were examined.
Post mortem certificate issued by PW6 Dr. S.Velmurugan showed that the deceased had two injuries, one of which was a stab wound on the left chest which pierced the upper lobe of left lung and the left pulmonary artery was companypletely cut.
Two more witnesses were examined for the defence, one among them was a lady DW2 Devaki who said that she and PW3 Poosappan were at Salem on 5.10.1984 afternoon for execution of some documents in companynection with a lorry transaction.
Thomas J. Out of six persons arraigned before a Sessions Court for the murder of one Natarajan, one alone was companyvicted and the rest were acquitted.
