On April 26, 1971, at about 10.00 P.M. he was sleeping on a bench outside his cattle shed in the open space, which is shown in the site plan Ex.
The High Court after appreciating the entire evidence rejected the evidence of these eye witnesses, namely, PW 1, 2, 3 and 5 and described them as a bunch of liars, unashamed liars and perjurers.
The deceased, Viswanatham Pillai, was the village Munsif Headman .
Even so, later on four eye witnesses were produced implicating number only the present accused but also two other accused.
5 in the site plan Ex.
When he went near him he was already dead.
Injuries are very severe and according to the doctor death was due to shock and hemorrhage on account of the injuries.
Appeal by Special Leave from the Judgment and order dated the 22nd July 1974 of the Madras High Court at Madras in Criminal Appeal No.
It is clear that whosoever had inflicted these injuries definitely had ?
The doctor PW 16 who held the postmortem examination found nine injuries two of which he described as incised and four as punctured incised, two more as punctured and the remaining one as a vertical incised wound.
In the first information report which PW 4 lodged at the Thana, which is very close to the place of occurrence, within about 15 minutes of the occurrence, inter alia, stated thus 4 L159SCI/76 At about 11.15.
the intention to cause the death of the victim.
I too came running.
I stood up and saw Karunakaran, son of Orathur Ayyathurai Padayachi running eastwards from the place where I lay and my elder brother chasing him from behind.
He had bleeding injuries on several parts of his body.
N. Mulla, K. Jayaram and P. Chandrasekhar for the Appellant. ,
He further saw his two brothers, Gnanasakaran PW 1 and Thiru gnanasambandam PW 3 along with Ramasamy PW 2 chasing them.
24 of 1974 and Referred Trial No.
3 of 1974.
V. Rangam and Miss A. Subhasini for the Respondent.
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave is directed against the 4 judgment and order of the, High Court of Madras companyvicting the appellant hereinafter to be described as the accused under section 302 IPC and sentencing him to death.
The younger brother of the deceased, Pandurangam PW 4 , who is a leper, was also sleeping on the eastern parapet of the sluice of the numberth Boothagudi channel, which is shown at No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
P15 at No.
The High Court acquitted accused Jabamani Nadar alias Kanyakumari Comrade alias Ramu and accepted the reference in respect of the present accused.
The facts are in a brief companypass.
The police had submitted charge sheet under section 302/34 IPC against the present accused and accused Jabamani Nadar alias Kanyakumari Comrade alias Ramu and Thamizharasan alias Ramaswami, who was shown as an absconder.
He got up and saw the accused Karunakaran running on the eastern bank of the channel with a knife 8 inches long.
425 1974.
The case was referred to the High Court as usual and the accused also preferred appeals against their companyviction and sentence.
The electric lights were burning in the vicinity He also saw two persons running ahead of accused Karunakaran.
Hence this appeal by special leave.
P.M. I woke up on hearing a numberse to the effect younger brother, Karunakaran is running after stabbing me with knife, catch him.
He ran to his elder brother who came from the side of the bench where he was sleeping and who fell down on the southern side of the sluice.
Pandurangam woke up at about 11.15 P.M. On hearing the shout of his deceased brother crying younger brother Karunakaran is running after stabbing me with knife.
A crowd gathered and Pandurangam was asked to lodge information at the police station which he did.
These were on the left upper arm, left fore arm, on the left side of the epigastrium, on the left side of the anterior axillary line, on the left mid axillary line, on the right side of the epigastrium and on the left side of the back.
Catch him .
On the prayer of the prosecution the case against the first two accused without the absconding accused, was taken up for trial.
