509, 641, 551 and 552 of 2006 before the High Court and by the impugned judgment, the High Court acquitted A 6 the appellant in Criminal Appeal No.
PW 7 has further stated that due to these injuries sustained on his head and face, the deceased would have died as has been expressed by him in the post mortem report Ext.Thereafter, Babu, Senthil and Nagaraj, who were with Elumalai, hacked on the head of Ravi with their knives and all of them ran away with their knives towards the East and Ravi died on the spot.
In his cross examination, however, he has stated that Sub Inspector had written the FIR and that he did number know the name of the Sub Inspector and he saw the Inspector on the next day and when he lodged the companyplaint he has number seen the Inspector.
After investigation, a charge sheet was filed against Elumalai A 1 , Prakash A 2 , Babu A 3 , Senthil A 4 , Nagaraj A 5 and Udaya A 6 .
Injury 5 Several incised injuries crosswise and longitudinal.
Both the eyes had got companypletely smashed and seen outside the eye sockets.
on dissecting, it was found that, all the tissues, nerves and blood vessels had got cut the face was smashed and the upper jaw bone and the lower jaw bone crumbled.
At the trial, the informant was examined as PW 1.
Nagarajan, who had gone in search of Ravi on 25.01.2004 at about 10 O clock in the night and companye to the place of occurrence, was examined as PW 3.
Pursuant to the FIR, a case was registered under Sections 147, 148, 341, 324 and 302 of the Indian Penal Code, 1860 for short the IPC .
Injury 4 An incised injury, oblique 3x05 cm muscle deep on the lower lip on its right side.
Aggrieved, the appellants filed Criminal Appeal Nos.
Ravis head got cut and smashed and Ravi fell down in a pool of blood.
Injury 3 An incised injury vertical, 2x0.5 cm bone deep on th4 left side of the lower jaw.
On the same day, at around 10.00 p.m., the informant, Ravi and his friend Gubendiran were on their way to Naduvankarai Pillaiyar Kovil Street, through the Naduvankarai Bridge.
Gubendiran, who accompanied Ravi on 25.01.2004 to the place of occurrence and witnessed the occurrence and got injured, was examined as PW 2.
Gubendiran, who attempted to prevent the attack, was hacked by Prakash with a knife and this was intercepted by Gubendiran with his left hand and Gubendiran started bleeding.
There was previous enmity between Ravi and one Elumalai and on 25.01.2004 at around 5.30 p.m. Elumalai telephoned to the wife of Ravi, Vijayalakshmi, and threatened her saying Ask your husband to behave or else, things will be different and Vijayalakshmi informed this to her husband Ravi.
In this First Information Report, the informant stated his father and he had been running a plastic companypany in the name of Economic Plastic Industries and his younger brother, Ravi, is also in the said business.
On a reading of the evidence of PW 1, in its entirety, one can only companye to the companyclusion that the FIR was lodged by PW 1 on 25.01.2004 soon after the incident between 10.30 p.m. to 11 p.m. but PW 1 was companyfused as to the designation of the officer before whom he lodged the FIR, the Sub Inspector or the Inspector.
509 of 2006 , but maintained the companyvictions of A 1, A 2, A 3 and A 4.
The teeth in the upper jaw and those of the lower jaw were broken and some fallen.
On the basis of the evidence of PW 1, PW 2 and PW 3 as well as other witnesses, the trial companyrt companyvicted A 1, A 2, A 3 and A 4 under Sections 148 and 324 IPC read with Section 149 IPC and Section 302 IPC read with Section 149 IPC and also companyvicted A 6 under Sections 147 and 324 IPC read with Section 149 IPC and Section 302 IPC.
Aggrieved, A 1, A 2, A 3 and A 4 have filed these criminal appeals.
Injury 6 An incised injury seen horizontally and gaping in between the eyes, 22x6 cm.
While crossing the Seema Matriculation School at around 10.15 in the night, they saw Elumalai, and Ravi asked Elumalai as to why he telephoned to his wife and threatened her, and at once Elumalai and Prakash retaliated and took out knives from their hips and hacked Ravi on his head.
The trial companyrt, however, acquitted A 5 of all the charges.
On opening it, it was found that the tissues on the cranium were found bruised and the bones of the skull fractured and brain smashed and visible from outside.
FACTS The facts very briefly are that on 25.01.2004 at 2245 hours, Dhanaprabhu hereafter referred to as the informant lodged a First Information Report in Police Station K.4, Anna Nagar.
K. PATNAIK, J. These are appeals against the judgment dated 06.09.2007 of the Division Bench of the Madras High Court in Criminal Appeal Nos.641, 551 and 552 of 2006.
