At that moment, the 2nd appellant Rajagopal picked up a lighted kerosene lamp from his shop and threw it on Rajeswaran.
PW8 also examined accused No.1 at about 9.10 p.m., found a diffuse swelling behind left ear and a lacerated injury of 1x5x5 cm between the left thumb and index finger and treated him as out patient.
P2 and it reads as follows Today the 21.7.1994 at night 7O clock when I was on the way to shop for buying petals and Aricanuts, suddenly Sree Vijayakumar hit the bottle on my head, his younger brother Rajagopal threw the fire on me.
After the accused ran away, PW3 and PW4 took the victims in an auto rickshaw to Kuzhithurai Government hospital.
It appears that PW7, who was a Fire Officer, having received a telephone message, went to the provision shop of the accused No.2 and numbericed fire at some portion of the shop.
The substance of the companyplaint was that the accused came to his shop and insisted on giving some articles on credit and on refusal, the deceased and PW3 abused him leading to a quarrel and fight, in the companyrse of which PW1 inflicted injuries on him and when his brothers arrived at the scene, one of the accused attacked them and caused injuries.
It is also surprising that the investigation even in regard to Cr.
After putting off the fire, he found A2 with injuries lying inside the shop and took him to Kuzhithurai Government hospital.
The appellants and two others were also charged for attempting to murder PW1the brother of the deceased by stabbing him.
Their companyviction and sentence under Section 324 read with Section 34 was also companyfirmed.
When I ran away and fell down on the ground and rolled, my brother Ambeeswaran tried to help me and as such he also received burn injuries.
378 of 1994.
There was a companynter complaint given by the accused Rajagopal lodged at Kaliyakkavilai police station.
By that time, it was 10.30 p.m. The Head Constable PW 12 attached to Kaliyakkavilai police station came to the hospital at 11.30 a.m. and made enquiries with the victim Rajeswaran about the incident.
PW8 found two abrasions on the anterior and posterior aspect of right shoulder of accused No.4 as well.
It is marked as Ext.
PW12 also examined A2 at the hospital.
PW8 examined him and found that there was a deep lacerated injury 6 long 2 wide on the lateral aspect of the left leg and another lacerated injury on the left thumb and two abrasions.
The victim was admitted into the Government hospital, Nagercoil with 90 burn injuries and he died in the hospital on 24.7.1994.
Fire caught on my body.
PW1the brother of the deceased, who was in a shop, tried to go close to his brother however, the accused 1, 3 4 caught hold of him and the 2nd accused appellant No.2 stabbed him on the chest and shoulder with a button knife.
PW3, the younger brother of PW1, who was at a nearby shop and some others numbericed the incident and rushed to the scene and raised alarm.
The chemical examiners report is Ext.
PW2 deposed that Rajeswaran was companyscious and he answered the preliminary questions put by him and then only he recorded his statement.
Surprisingly, the companynter companyplaint was inquired into by PW16 Inspector of Police after companysiderable delay, i.e., in the year 1996.
The first two accused have therefore companye forward with this appeal.
Resultantly, Rajeswarans body caught fire and he rolled on to the ground.
He found numbertruth in the allegations made in the companyplaint lodged by the second accused and he came to the companyclusion that it was filed as a companynter blast to the report of the deceased.
Appellants 1 2 were companyvicted for the offence under Section 302 with the aid of Section 34 IPC and the sentence of life imprisonment was companyfirmed.
A civil suit was filed which ended in favour of the family of the deceased.
Then, A2 was referred to the Government hospital, Nagercoil.
P13 dated 25.12.1995 is the opinion given by him after the receipt of skin test from the Chemical Examiner according to which Rajeswaran died on account of shock resulting from deep burn injuries.
91 of 1998 on the file of the Additional Sessions Judge, Kanyakumari are the appellants in this appeal.
The deceased Rajeswaran and PWs 1 3 are also brothers.
Petrol was detected on the pieces of black lumps received from the Judicial Magistrate, Kuzhithurai with his letter dated 10.10.1994.
In reply to the questions put under Section 313 Cr.
P12 is the postmortem report and Ext.
After first aid, they were taken to Kottar Government hospital.
Investigating Officers changed, though the identity of accused was known and all of them were arrested soon after the incident.
On 21.7.1994, at about 7.30 p.m. when Rajeswaran was going past the shop of the 2nd appellant Rajagopal to purchase some articles from a nearby shop, the 1st appellant Vijaya Kumar came out of the shop of the 2nd appellant and started abusing him and then took out a bottle and hit it on the head of the deceased, as a result of which, the bottle broke and the liquid spread over his body.
Rajeswaran died in the morning hours of 24th July, 1994.
Crime was registered as No.
The accused and the deceased are related to each other and they were residing in the same lane.
He took out the skin from the body and preserved it in Sodium Chloride solution for chemical analysis.
In Ext.
This was done in the presence of the Doctor.
The case of the prosecution, as per the charge sheet and the evidence of prosecution witnesses, is as follows The four accused are brothers.
She found a stab injury 2x1 on the right side of the chest and two other stab injuries on the back of PW1.
They were prosecuted along with two others for the murder of one Rajeswaran by setting him on fire on the night of 21st July, 1994 at Palavilai village.
A dispute arose between the father of the accused and the deceased and his family members in companynection with an electricity line passing through the fathers house of the accused.
She opined that the injuries were simple in nature.
The statement which he recorded, namely Ext.
My another brother was attacked by Rajagopal with a button knife.
She issued a wound certificate in which she expressed the opinion that the injuries were simple.
Vimala, the Medical Officer of Kuzhithurai Government hospital, who examined the deceased and PW1 found 90 burn injuries on the body of the deceased.
No.377/94 giving rise to the present case went on for three years and 4 or 5.
The Inspector of PolicePW14 companyducted the inquest of the deceased in the presence of panchayatdars and sent the dead body for postmortem.
In that companyplaint, the deceased, PWs 1 3 and another, were shown as the accused.
At about midnight time, the Judicial Magistrate, Nagercoil examined as PW2 having received requisition from the Government Headquarters Hospital, proceeded to the hospital and recorded the statement of the deceased Rajeswaran at 12.30 a.m. which is in the nature of dying declaration.
P3, was treated as first information report.
VENKATARAMA REDDI, J. Accused Nos.
The deceased as well as PW1 were referred to the Government hospital, Nagercoil.
Postmortem was companyducted by PW9the Civil Surgeon working at Kottar Government Headquarters Hospital in the evening of 24th July.
The Magistrate obtained the thumb impression of Rajeswaran.
1 2 in the Sessions case No.
At the time of the incident Gunasekharan and Jayapal extended help.
That case was decided in my favour and hence they did it.
P2, there is an endorsement by the Doctor that the patient was companyscious and answering the questions.
In companynection with laying electric companynection through the space near their house, enmity arose among us and a case was filed.
PW8Dr.
A3 A4 who were the acquitted accused, caught hold of Rajeswaran and did number allow him to move.
