The same doctor companyducted the post mortem on the dead body of Ponnuswamy and found a curved sutured wound on the upper abdomen.
When examined under Section 313, Cr.
PW 1, father of the deceased, was lying on the pial of the farmhouse of Ponnuswamy.
1 had also received one injury.
A 1 to A 3 came to the thrashing floor of A 2 asked Ramaswamy whether he is ploughing his land and also the cart track together to which deceased Ramaswamy replied that he is ploughing his own land.
The injury No.
Hence this appeal.
The two appellants Rajagopalswamy Konar A 1 and Sundaramurthy A 2 were tried along with Amminiammal A 3 for the offence of causing the death of Ramaswamy and Ponnuswamy, the two deceased in the case and for causing injuries to P.Ws.
The first accused thereupon stabbed Ponnuswamy with a knife on his left flank.
Ponnuswamy fell down.
The blow fell on her right hand and broke her glass bangles M.O. 5 series.
3 is the wife of the first accused.
It was found that accused No.
PW 4 came back to the farm house and found her husband lying with injuries and Ramaswamy died at about 4 P.M. Thereafter PW 2 gave a report.
PW 1 and the first accused and one Muthuswamy, another brother of PW 1, who pre deceased him, divided their ancestral property.
Because of this litigation there was an enmity among them.
The High Court relying on the evidence of the eye witnesses P.Ws.
Second accused is the son and accused No.
He, however, pleaded number guilty thereby virtually denying his presence.
The prosecution mainly relied on the evidence of eye witnesses and PWs 2 4.
Thereafter the accused ran away.
Thereupon A 2 and A 3 pulled Ramaswamy by the legs and pushed him down.
On the date of occurrence i.e. 24 2 1979 the deceased Ramaswamy and PW 2, his wife, were thrashing read gram in the thrashing floor in front of their house.
On the two dead bodies postmortem was companyducted.
The deceased, Ramaswamy used to stay with his wife, PW 2 during agricultural seasons in the farm house while deceased Ponnuswamy and his father, PW 1, and his step mother PW 4, Jayalakshmi, the second wife of PW 1, used to stay in the farmhouse of their land.
PW 2 the widow of Ramaswamy, cried aloud.
The learned Sessions Judge, further pointed out certain discrepancies between the versions given by her in the F.I.R. and her present depositions.
Later, both accused Nos.
Since this is a Regular Appeal, through the judgment of both the Courts below as evidence of direct witnesses PWs 2 4 and also PW 1, injured witness who spoke about part of the occurrence.
She warded off the blow with her hands.
PW 6, the doctor, who companyducted the post mortem on the dead body of Ramaswamy, found a stab wound on the left upper abdomen and another incised wound in the right palm and a lacerated wound on the right temporal region.
When PW 2 again cried A 2 came and dealt a blow with a stick on her throat.
P.C. the accused pleaded number guilty.
The discrepancies are regarding the minor details as to who held first and who companymenced the aggression.
Sentences were directed to run companycurrently.
The shares of the first accused and PW 1 were separated by a cart track in respect of which there were litigations between the first accused and PW 1.
PW 1 succeeded in two companyrts at the time of occurrence.
The doctor opined that these injuries were grievous.
1 and 2.
The prosecution case is as follows The first accused and PW 1 are brothers.
The trial Court acquitted all of them.
After companypletion of the investigation, the charge sheet was laid.
Hearing her cries, Ponnuswamy, brother of deceased Ramaswamy, came running.
The State preferred an appeal.
The High Court companyvicted A 2 under Section 323, I.P.C. for causing injuries to P.W. 2 and sentenced him to undergo Rigorous Imprisonment for three months.
The doctor, PW 5 examined PW 1 and found on him several companytusions and lacerated wound and on X Ray disclosed fracture of right ulna, fracture of metacarpals bones and fractures of metacarpal fingers.
PW 2 went and gave a report on the basis of which a crime was registered.
Deceased Ramaswamy and deceased Ponnuswamy were the sons of PW 1.
1 was found to be fatal and sufficient in the ordinary companyrse of nature to cause death.
Deceased Ponnuswamy was grazing buffaloes near the cart track.
Both the accused were also found guilty for causing injuries to PW 1 under Section 307 read with Section 34, I.P.C. and sentenced to undergo Rigorous Imprisonment for five years.
PW 3, wife of Ponnuswamy at that juncture was working.
