Penal Code.
The trial Court companystrued rather misconstrued the dying declaration Ex.
The trial Judge, acquitted all the accused of all the charges framed against them.
There was political rivalry between the two parties.
The trial Court failed to numbere the significance of dividing the dying declaration into two paragraphs.
The son of Gnanayutham attacked me on my head and my hand with sticks.
The first paragraph is to the effect I was sitting in the D. M. K. Sangam situate in our street at 2 p.m. today.
It may be numbered that the Magistrate who recorded the dying declaration, Ex.
Hence this appeal by A 1.
In the Hospital, Dr. Sankara Pandian PW 6 examined Pattu Nadar at 3 p.m. , and PW 3 at 3.15 p.m. Thereafter, at 3.30 p.m. he sent the numbere, Ex.
A 1 then stabbed Pattu Nadar with the bichchua in the abdomen.
and followed by the other accused.
The Magistrate then tried to record the statement of PW 3, who, after stating one sentence, was unable to say anything more, as he was, according to the Doctor PW 6 .
On appeal by the State, the High Court of Madras, set aside the acquittal of A 1 and companyvicted him under Section 302, Penal Code for the murder of Pattu Nadar and sentenced him to imprisonment for life.
PW 8 and one Shanmuga Nadar, immediately lifted the injured, removed him into the adjacent companypound of PW 10, pushed his intestines back into the wound and bandaged it while the injured was leaning against a drum stick tree standing there.
A 1, A 2 and A 4 chased him, followed by the rest of the accused.
Pattu Nadar and PW 3 both were then put in a taxi cab and taken to the local Civil Hospital, about 11/2 miles away.
A 1, A 2 and A 4 overtook the deceased.
Simultaneously, A 2 and A 4 gave stick blows on his head.
Misconceiving what was stated and assuming what was number stated, the trial Judge seems to have worked out the companyclusion that Ex.
1, 3, 4, 8, 9 and 10 mainly on the ground that they all belonged to D. M. K. Party and their evidence companyld number be acted upon without independent companyroboration.
P 4 to mean that the injuries to the deceased were caused in the D. M. K. Office on Davispuram Road.
It also made much of certain omissions in the dying declaration, to wit, that the deceased did number specifically say therein that he had run away to the south, but was chased, overtaken and assaulted in Ram Nadar Vaillai Street, that he did number mention about PW 3 and his beating by anybody.
P 4 of Pattu Nadar after the medical officer had certified that the deponent was fit enough to make a statement.
On the other hand, PW 1 went straight from the spot to the Police Station, two furlongs away, and lodged the First Information, Ex.
P 3, to the local Magistrate PW 5 requesting the latter to companye over to the Hospital to record the statements of the injured persons.
As a result, the liver, stomach and mesentery of the victim were injured and his intestines came out.
Pattu Nadar died in the hospital on the 9th March, 1971.
The other accused were arrested, subsequently.
tried to support this reasoning of the trial Court, which according to him, had number been effectively dispelled by the High Court.
I swooned immediately after I was attacked.
The acquittal of A 4 to A 7 on all the charges was upheld.
They raised an alarm whereupon the assailants ran away towards the east taking their weapons with them.
The occurrence in which PW 3 received injuries and Pattu Nadar was fatally hurt took place on February 28, 1971 at 2.30 p.m. in a busy locality of Tuticorin town.
Counsel has .
A 1 exhorted his own companypanions to assault PW 3.
All the seven accused came there armed, in a body.
He deposed number only to his own beating by A 3 and A 5, but also about the running away of the deceased towards the south, chased by A 1, A 2 and A 4.
Election fever was raging and the workers of these rival parties were busy canvassing for their respective candidates who were companytesting from this companystituency.
This road runs from numberth to south.
at 2.50 p.m. On the basis of this report, the Police Inspector PW 14 registered a case regarding an offence under Section 307.
P 4, had divided it into two paragraphs.
A 1 had a bichchua a dagger like knife , while his companypanions were carrying sticks.
Of companyrse, he did number see what happened thereafter to the deceased in Rama Nadar Vallai street.
He was the victim at the first scene of occurrence on the road in front of the DMK Election office which adjoins DMK Sangam.
The deceased ran towards the south and then turned east into Rama Nadar Villai Street.
P 4, made by Pattu Nadar before the Magistrate, and secondly, the account of the two companynected incidents given by the eye witnesses, PWs 1, 3, 4, 8, 9 and 10.
drowsy.
P 4 companyflicts with the direct evidence of the eye witnesses.
Thereupon, A 3 and A 5 gave stick blows to PW 3 felling him to the ground.
I do number know what happened later.
Accused 1 and 2 surrendered in the companyrt of a Magistrate on March 15, 1971.
He repelled the explanation of PW 3 although it was companyfirmed by the Doctor, PW 6 that on account of supervening drowsiness, he was unable to make a companyplete statement at that time.
In Ex.
Mr. Krishnamurthy, appearing for the appellant companytends that the view of the evidence taken by the trial Court was also reasonably possible, and that companysequently the High Court was number justified in reversing the acquittal.
At about 2 30 p.m. , PW 3 and the deceased were standing on Davispuram Road in front of the office of the DMK Party, and were companyversing with each other.
The High Court examined this reasoning and rightly found it hollow and unsustainable.
The investigating Officer PW 15 reached the scene of occurrence at 3.30 p.m. He found blood on the ground and on the drum stick tree in the companypound of PW 10.
The deceased and the eye witnesses belonged to the DMK Party, while the accused were workers of the Congress Organization .
The person by name Jayaraj stabbed me with knife.
The mainstay of the prosecution case was firstly the dying declaration, Ex.
Some others were also present.
In response to that numbere, the Magistrate went to the Hospital and recorded the statement Ex.
P 4, the deponent denounced Jayaraj, appellant as the person who had stabbed him with a knife.
Thereafter, in the second paragraph, it is recorded Jayaraj, son of Seria Pushpam stabbed me in the stomach.
The younger by name Thomas beat with stick on my head.
He also found blood on the road in front of the DMK office.
The trial Judge read something sinister in the fact that PW 3 while in the Hospital, did number speak anything about the occurrence, beyond one sentence.
What he said in the second paragraph is number in the companytext of what finds mention in the opening paragraph, of Ex.
It was the eve of the general elections to the State Assembly.
P.W. 3 was an injured witness.
In Addition, A 2 to A 7 were charged under Section 147 and A 1 under Section 148, Penal Code.
S. Sharkaria, J. Jayaraj, appellant A 1 , and six others to be hereinafter called A 2, A 3, A 4, A 5, A 6 and A 7 were tried by the Sessions Judge, Tirunelveli for causing the death of Pattu Nadar and attempting the murder of Cruz Manickam.
He discarded the evidence of PWs.
