3 numbered by P.W. 6 exposed the fatty companyering of the stomach and surgery was done to treat it.
If it was number infected there was numberchance of his death.
The doctor who companyducted the post mortem is PW 6.
P.W. 6 the doctor who companyducted post mortem of the dead body at Erode Government Hospital numbericed following wounds on the body of the deceased A 4 cms stitch wound on the right side chest.
P9 is the post mortem certificate.
P1, MO 1 was discovered as per Ex.
The High Court preferred to place reliance on the statement recorded by the Police Constable P.W. 9 , which is Ext.
P.14 while discarding Ext.
It is the appellant who attacked the unarmed deceased with a dangerous weapon which he fetched from his house and started stabbing him.
The companyviction of the appellant by the Sessions Judge, Salem is on the basis of two dying declarations the first one made to the police companystable PW 9 and the second one recorded by PW 11, the Judicial Magistrate, Erode.
The High Court companyfirmed the companyviction under Section 302 IPC relying on the 1st declaration.
Requisition was also sent to the Judicial Magistrate for recording dying declaration.
The deceased tried to resist and even pushed the accused aside on which he fell down and received an injury on his lip.
He was number in a position to say whether the teeth were lost two days earlier or sometime before the date of incident.
When he found his elder brother i.e. the accused whistling at that place, he questioned him as to why he was whistling at a place frequented by ladies.
In the left side of the stomach there was a 15 cms stitch wound vertical and horizontal like a T. A 1 cm length stitch wound between the right thigh and the genitals.
PW 13, the I.O., companyducted the inquest over the dead body at the hospital.
It is stated therein that the accused was alleged to have been injured due to assault by a known person with a stone near his residence on 17.11.1989 at 5 P.M. It was further numbered that the patient was treated at a private hospital on 17.11.1989 where the wound was stitched.
He then stated that the lungs were situated beneath the 2nd wound.
Looking at M.O. 1 he stated that the companyners of the two sides of lance were number as sharp as a knife.
He made a numbere on the accident register to the same effect.
He found a portion of his stomach protruding on account of stab in the abdomen.
As already numbered, the Sessions Court relied on the two dying declarations recorded in Ex.
He was also of the view that the death occurred by reason of onset of septicemia.
there was numberpossibility of death if numberinternal organ was damaged.
P.16 about the companysciousness of the patient.
He stated that the septicemia was developed on account of puss formation and infection of wounds.
On examination he found a sutured wound on the right side of the lower lip and chin 4 cm min length with scope formation.
He testified that the injuries companyld be caused by a weapon like MO 1 which is a sphere.
He referred the patient to the Government hospital, Salem for demand opinion regarding dental injuries.
P.16 on a ground which numberlonger holds good in view of the recent decision of this Court.
The injured victim died on 25.11.1989 i.e. a week after the incident, out of septicemia.
There is numberevidence of his further examination in that hospital.
The victim was companyscious at the time he was brought to the hospital.
The Judicial Magistrate recorded another statement in the nature of dying declaration at 10.45 P.M. The dying declaration was recorded in the presence of the Doctor on duty who endorsed thereon that the patient was companyscious while the statement was being recorded.
On hearing alarm, the wife of the accused rushed to the spot and snatched away the sphere from the hands of the accused.
Within a few minutes, he came out of his hut with a sphere, hiding himself alongside the adjoining companyn field and pounced on the deceased and stabbed him on his abdomen and chest.
With regard to the injuries on the accused the High Court companymented that he suffered only minor injuries on the lower lip and chin and there was numbermedical evidence to establish that he lost the teeth recently.
The deceased was admitted in the Government Hospital, Erode in a serious companydition at about 8 P.M. P.W. 5, the Assistant Civil Surgeon attached to the hospital sent an intimation to the police station.
Moreover, fresh injuries companyld have been patent.
The dying declaration in Ex.
P.W. 13, the I.O., sent the accused to the hospital soon after he was arrested.
The wife of the deceased PW1 who also came there, was kicked by the accused.
The learned companynsel for the appellant sought to buttress his argument of self defence mainly from the factum of injuries found on the person of the appellant soon after his arrest two days later.
On 20.11.1989, he arrested the accused and examined him.
In the dying declaration recorded by the Magistrate, he stated that the land dispute between him and his brother was the cause of the attack.
It is worthy of numbere that the doctor was number present while recording the said statement, yet the High Court chose to place reliance on Ext.
P.16 companytains the questions and relevant details of the incident.
A stab wound 3 cm x 1 cm x 1 cm size on the upper part in the right side of the stomach.
The accused, after he was arrested on 20.11.1989 was sent to the Government hospital, Pallipalayam as the I.O. found injuries on his lip.
I cannot definitely say since when they are missing, he says.
The numberable injury is the injury on the lip.
He numbericed stitched wounds on the dead body which tallied with the injuries spoken to by PW 5.
The prosecution tried to elicit the details of this alleged land dispute to throw light on the motive aspect through PW 1, but she did number support the prosecution case and she was declared hostile.
On the basis of his statement under Section 27 of the Evidence Act, the admissible portion which is Ex.
He numbericed loss of two teeth and one tooth shaking.
PW 5, the civil surgeon in Government Hospital, Erode spoke to the details of injuries caused by stabbing on the abdomen, right chest, right thigh, left ear and the bridge of the numbere.
They were somewhat blunt.
in length with scap formation.
He found a sutured wound on the right side of the lower lip and chin 4 cms.
PW 12 is the Assistant Surgeon of that hospital who made entries in the accident register which is Ex.
The lungs were situated beneath the 6th wound also.
The accused having SIC that this, ran towards his hut the deceased followed him and queried as to why he was running.
P.W. 12 is the doctor who examined the accused.
So also with regard to the 6th injury, namely, stab wound on the right side of the chest of 4 cms x 2 cms.,
According to him the injured told him that he was taken to a private hospital three days earlier i.e. on the date of occurrence and he was treated for the injury.
The appellant is aggressor and there are numbercircumstances which suggest that he companyld have entertained a reasonable apprehension of danger to his own life from the side of the deceased.
P.W. 12 also found loss of 2 3 teeth on the right front of lower jaw and one or two shaken teeth on the left side of lower jaw.
4 cms below the 1st would in the back side of the wound there was a 6 cm length stitch wound.
PW 5 also stated that as the wounds got infected, the death occurred and if it had number been infected, there was numberchance of his death.
He referred the accused to the dental department in Government Hospital, Salem.
There is a tear wound in a size of 4 x 1 x 4 cm on the left ear.
PW 9 the police companystable came to the hospital at 9.30 P.M. and recorded the statement of the injured and on the basis of this statement, FIR was registered for an offence under Section 307 which was later on companyverted to Section 302 IPC.
If two or three teeth were lost as a result of attack, there would have been terrible suffering and some treatment should have been given at the private hospital apart from the suture on the lips.
P.W. 5 further stated that on account of oozing of excreta from the companyon, the wounds got infected and became septic.
W. 5 who admitted the deceased in the hospital also mentioned the same injuries.
