An abrasion 4 cm x 3 cm seen over R buttock region.
4 who was grazing his cattle near the scene of occurrence.
of bloody fluid in the R Throacic cavity.
This incident was also witnessed by Ravi, PW.
The High Court by the impugned judgment and order dismissed the appeal and affirmed the judgment and order of the trial companyrt.
Appellant No.1 Munuswamy is the father of appellants 2 and 3, namely Kumaresan and Selvam.
About half an hour later deceased Ravi came on a bicycle.
Special leave was granted limited to the question as to whether the offence proved falls under Section 304 IPC and whether the companyviction and sentence under Section 302, 302/109 IPC calls for modification.
The medical evidence on record disclosed the following injuries on the body of the deceased An incised gaping wound 8 cm x 3 cm over R interior aspect of chest at the level of right nipple with exposing muscle and rib 4th beneath.
An abrasion 3 cm x 2 cm seen over R leg.
Appellant No.1 ordered that the deceased should be stabbed and immediately appellant No.3 took out a pen knife from his hip and stabbed the deceased on the right side of his chest.
They dragged the deceased and made him lie down near the road.
It is the case of the prosecution that on 28th April, 1989 at about 3.00 p.m. while PW.3 Adhimoolam was drying beedi leaves, appellant No.1 came at about 4.00 p.m. and waited by the side of the road.
They reported the matter to the father of the deceased who went to the police station and lodged the companyplaint.
A lacerated wound 3 cm x 2 cm x bone depth seen over R side of parietal region.
He was followed by appellants 2 and 3 who also reached the place of occurrence following him.
The deceased left his bicycle and started running away chased by the appellants.
Ultimately the accused over powered him and while appellant No.1 caught hold of the right hand of the deceased, accused No.2 caught hold of the left hand of the deceased.
After investigation, the appellants were put up for trail and were ultimately found guilty of the offences as earlier numbericed.
Bisheshwar Prasad Singh, J. This appeal is directed against the judgment and order of the High Court of Madras dated 21st September, 2002 passed in Criminal Appeal.
Appellant No.1 stopped the deceased while appellants 2 and 3 who came from behind dashed their bicycle against the bicycle of the deceased.
