When PW 1 and others came to rescue Pasupathy, the accused persons ran away from the spot leaving behind the weapons used in the incident.
4,000/ each, in default, to further undergo rigorous imprisonment RI for 1 one year.
1 4 may be possible by attack with iron pipe.
A 1 and A 2 inflicted injuries on the deceased using knives from behind on the head and neck respectively.
In his cross examination, he admitted that he did number remember that the police had enquired by showing the weapons to him.
1861 of 2002 whereby the High Court dismissed the appeal filed by the appellants therein and companyfirmed the order of companyviction and sentence dated 20.12.2002 passed by the Court of Additional District and Sessions Judge cum Chief Judicial Magistrate, Cuddalore in Sessions Case No.
A 3 attacked Pasupathy with a stick whereas A 4 attacked him using iron pipe over the rear portion of his neck.
230 of 2000.
He also admitted that there was numberinjury on the back of the deceased person.
Against the said order, Nagappan the appellant herein and A 3 therein has filed this appeal by way of special leave before this Court.
At the relevant time, Sivaraj PW 1 and Ganapathy PW 3 , who are brothers and relatives of Pasupathy, along with Vijayan, Murugan, Babu and Veerappan were having companyversation near the electric post on the way to graveyard and Pasupathy was companying towards the same direction.
He also stated that Injury Nos.
230 of 2000.
Aggrieved by the said order, A 1 to A 3 preferred Criminal Appeal No.
On seeing Pasupathy, the accused persons, in order to grab the opportunity of killing him, attacked him using knives, stick and iron pipe.
Lacerated injury of 5 cm x 1 cm bone deep over left occipital region of head.
Pasupathy was immediately taken to the hospital but he died on the way.
Due to this kind of impression, A 1 planned to eliminate Pasupathy.
1861 of 2002 before the High Court.
At one point of time, there was a quarrel between Sivaraman A 1 and one Srinivasan DW 1 which was pacified by Pasupathy and thereby A 1 had an impression that Pasupathy is in support of Srinivasan DW 1 .
In order to materialize the same, on 08.05.2000, at 0830 p.m., A 1 to A 4, assembled near the road leading to the graveyard of Periya Irusampalayam village with an ulterior motive of killing Pasupathy.
Heard Mr. K.K. Mani, learned companynsel for the appellant accused and Mr. M. Yogesh Khanna, learned companynsel for the respondent State.
The Division Bench of the High Court, by order dated 12.04.2006, dismissed their appeal by companyfirming the companyviction and sentence imposed by the trial Court.
Admittedly, the stick alleged to have been used by the appellant A 3 was number shown to the Doctor PW 10 .
Doctor PW 10 , who companyducted the post mortem on the dead body, in his evidence, has stated that he companyducted the post mortem at 12.30 p.m. on 09.05.2000 and found the following injuries on the dead body Bluish discolouration and swelling present over right upper eye lid.
After investigation, the case was companymitted to the Court of Additional District and Sessions Judge cum Chief Judicial Magistrate, Cuddalore under Section 302 read with Section 34 of IPC which was numbered as Sessions Case No.
Brief facts The case relates to the death of a person by name Pasupathy, resident of Periya Irusampalayam village, companymitted by Sivaraman A 1 , Mano A 2 , Nagappan A 3 and TamilTamilvanan A 4 on account of enmity between the deceased Pasupathy and Sivaraman A 1 .
The Additional District and Sessions Judge, by order dated 20.12.2002, companyvicted A 1 to A 4 for the offence punishable under Section 302 read with Section 34 of IPC and sentenced them to undergo imprisonment for life along with a fine of Rs.
Lacerated injury of 4 cm x 1 cm bone deep present over left Parietal region of head with fracture of underlying bone.
Lacerated injury of 4cm x 1 cm bone deep present over left occipital region of head.
Sathasivam,J. This appeal has been filed against the judgment and order dated 12.04.2006 passed by the High Court of Judicature at Madras in Criminal Appeal No.
