He then lodged a companyplaint before police.
The case of the prosecution, in brief, is as follows The brother of the deceased Shanmugam, along with other brothers Krishnamurthy, deceased Shanmugam Siva and sister Gangabhavani were staying in Pudhu saram and Krishnamurthy after marriage went to his father in laws house.
On behalf of the prosecution, PW 1 to PW 11 were examined and Exs.
P 1 and in Ex.
315 before the High Court and was A 1 before the Court of Additional Sessions Judge, Pondicherry.
This was raised by the learned companynsel for the appellant at the time of addressing the arguments before us.
P.1 is the companyplaint given by him.
Unable to bear the beatings Shanmugam climbed down the staircase and started running and the seven persons chased him.
W.7 Dr. R. Balaraman who companyducted the post mortem examination on the dead body and on external examination found seven injuries and on internal examination, there was sub dural haemorrage over left cerebral hemisphere.
He returned home at 4.30 p.m. and informed his mother about the same.
Dissatisfied with the above judgment, the appellant, A 1, preferred these appeals by way of special leave petitions before this Court.
P1 to 22 and MOs.1 to 3 were marked.
the accused A 1 Ravi , A 2 Raja Pukkaraji and four others alleging that they formed themselves into an unlawful assembly, armed with deadly weapons with a companymon object of such assembly, viz.,
Three chances were given to the witnesses W.2 and Gangabhavani to identify A2 Raji Pukkaraj who companyrectly identified him in all the three chances.
About two or three days prior to the death of Shanmugam i.e. on 4.3.1996 Shanmugams wife Sarasu companymitted suicide by self immolation by pouring kerosene and setting fire to herself and died.
When she came out she found that all the seven persons forcibly took Shanmugam in an autorickshaw.
P 18 were too trivial in the fact, and the evidence of PW 2 established beyond doubt the involvement of A 1 and A 2 in attacking the deceased.
The following charges were made against the accused The Inspector of Police, Villianur Circle, Pondicherry has laid a charge sheet against the accused alleging that on 6.3.1996 at about 1230 hrs.
P.W.1 and her other son Krishnamurthy went in search of Shanmugam and at 4.30 p.m. P.W.1 came to her and informed her that Shanmugam had sustained injuries and was lying near Boomiyanpet and that they admitted him in Hospital.
The number examination of the material witnesses more so of the eye witnesses is fatal to the prosecution and hence the impugned judgment of the High Court ought to be set aside.
A1 Ravi assaulted Shanmugam with knife and a person with black companyplexion beat Shanmugam with a stick.
to cause the death of one Shanmugam due to previous enmity and in furtherance of companymon object of such assembly, trespassed into the house of Adhikesavan, the brother of the deceased Shanmugam and caused bleeding injuries to Shanmugam by assaulting him with deadly weapons, all the accused chased him and forcibly took him in an auto rickshaw to maidan near Pavanar Nagar, Reddiarpalayam, Pondicherry beat him with deadly weapons left him with bleeding injuries and the deceased Shanmugam subsequently died in the General Hospital, Pondicherry and thus the accused had companymitted the offence of murder of Shanmugam and thus companymitted offences punishable under Sections 148, 149, 448/149, 364/149 302/149.
Shanmugam came and told P.W.1 that the brothers of Sarasu thought that he was responsible for suicide and they were threatening him and he also told that while he tried to save Sarasu, he sustained burn injuries on his hand and wanted to take treatment and so he wanted to stay in their house and his father also companysented for the same and started staying with them and on 6.3.1996 A1 Ravi s o Munuswamy came along with five persons armed with knife and sticks and entered the house and asked whether Shanmugam was there and they got into the room where Shanmugam was lying and beat him there and Shanmugam ran out and the crowd chased him and she asked P.W.1 to find out what had happened to Shanmugam.
Accordingly, after admitting him in the hospital, he came home at 4.30 p.m. informed his mother P.W.2 and then went to the police station to lodge the companyplaint, Ex.
The High Court felt that the omissions pointed out in Ex.
W.8 Thiru P. Nallathambi Judicial First Class Magistrate has stated that on 25.3.96 he received a requisition to companyduct identification parade as per Ex.
About 8 years prior to the incident, the deceased Shanmugam developed intimacy with one Sarasu and was living separately with her.
Consequently, he companyducted identification parade on 28.3.96 at 3.00 p.m. in the Central Jail premises.
We heard Ms. Prashanthi Prasad, learned companynsel appearing for the appellant and Mr. V.G. Pragasam, learned companynsel appearing for the State.
About six months prior to the incident he came and started living five or six houses away from his house.
The companyplaint lodged by the companyplainant PW 1 at the Reddiarpalayam is well outside the jurisdiction of the alleged place of occurrence and that the High Court has failed to appreciate that there seems to be numberreason or explanation as to why PW 1 has number given the companyplaint at the D Nagar Police Station which is the nearest one and the one to which the jurisdiction pertains to.
Shanmugam died on 7.3.96 due to the injuries sustained by him on 6.3.96.
The second accused was found guilty of offence punishable under Sections 148, 448 and 324.
She told this fact to P.W.1 at 1.30 p.m. when he came to her house.
She had identified the person having dark companyplexion, in the test identification parade held, as A2 P.W.1 is admittedly number an eye witness to the occurrence but had stated as to what his mother told him about the occurrence but had stated as to what his mother told him about the occurrence on reaching the house at 1.30 p.m. On hearing about the same from his mother, he went in search of his brother and he found his brother lying in an open ground struggling for life.
In the background facts of this case, the point for determination is whether the prosecution has proved its charge against the appellant A 1 who was companyvicted and sentenced to undergo the various sentences imposed on him by various sections of the companye.
M.O. 1 to 3 companytained blood stains.
The prosecution has failed to establish beyond reasonable doubt the guilt of the accused , appellant herein.
The Sessions Judge, Pondicherry, on companysideration of the evidence on record, came to the companyclusion that the evidences of PWs 2,3 and 6 showed that A 1 and A 2 were accompanied by five other persons and that A 1 and A 2 assaulted the deceased Shanmugham and that A 3 to A 7 were number identified by any witnesses.
MO 1 to 3 companytained blood stains and the blood on the shirt was identified as human blood.
Aggrieved by the same, appeals were filed before the High Court by A 1 and A 2.
Lakshmanan, J. The above appeals were filed against the judgment dated 14/02/2003 passed by the High Court of Judicature at Madras in Criminal Appeal Nos.315 and 539 of 1999 filed by A 1 Ravi and A 2 Pakkaraji.
The above facts would clearly go to show that there is numberdelay in lodging the companyplaint.
A1 and A2 also gave companyfession statements independently and on the basis of the statements of A1, the knife MO2 and the shirt MO2 were recovered under the mahazar Ext P6 and on the basis of the statement of A2 the wooden reaper MO1 was recovered under Ext P5.
They took Shanmugam in an autorickshaw to General Hospital, Pondicherry.
P.W.1 along with his brother Krishnamoorthy went in search of him and he saw Shanmugam with bleeding injuries lying down on a maidan behind the house of A1 Ravi slightly breathing and without speech.
Dr. AR.
P.W.11, the Inspector of Police who took further investigation from P.W.10 obtained the opinion from W.7 Dr. Balaraman and examined him and also obtained a companyy of the F.I.R. of D. Nagar Police Station pertaining to the death of Sarasu, wife of deceased Shanmugam who had succumbed to burn injuries, despite treatment given to her in the Government Hospital, Pondicherry.
The learned Sessions Judge acquitted A 2 of the offence under Section 302 I.P.C. The State also has number filed any appeal against the said acquittal of A 2 of the offence of murder.
Subsequently, her son Shanmugam died.
For other offences, sentence of imprisonment ranging from 1 to 7 years were imposed.
On 6.3.96 at 12.30 p.m. Shanmugam was lying in the room of her house while PW 2, her husband Adimoolam and daughter Gangabhavani were having food and at that time, A1 Ravi along with six persons armed with knife and sticks entered into their house and went inside the room where Shanmugam was lying and attacked him.
She has stated that she identified the second accused before Magistrate in the jail as the person with black companyplexion who beat her son apart from A1.
He came home around 4.30 p.m. and informed her that Shanmugam his brother that he is lying in an open ground near Bhoomiyanpet and that he had admitted him in the hospital.
The appellant herein was the appellant in Criminal Appeal No.
