The deceased replied that P.W.5 had gone to Madras.
1, 3 4 are companycerned.
Challenge in both the appeals is to the judgment of a Division Bench of the Madras High Court directing acquittal of the respondents who faced trial for alleged companymission of offences punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC so far as the respondents 1 to 4 are companycerned and Section 25 of the Indian Arms Act, 1915 in short the Arms Act so far as respondent Nos.
Head Constable, P.W.12 received that companyplaint at 11.30 a.m. on that day and registered it in Crime No.906/89 for offences punishable under Sections 326 and 506 II I.P.C. Ex.
A2, with an aruval and Al, A3 and A4 each with a stick, came there.
Prosecution version as unfolded during trial is as follows Ruby is the elder sister of P.W.l.
P 6 is the printed F.I.R. The occurrence had taken place on 17 09 1989 at about 6.00 p.m. W.1, along with his mother P.W.3 was walking towards their residential companyony from west to east.
Al, A3 and A4 ran away from the scene.
P 5 is the I.R. At 12.00 numbern on that day, A3 appeared at the police station and gave a companyplaint, which was registered in Crime number 1017/89 for offences punishable under Sections 294 B , 323 and 324 I.P.C. P.W.12 registered that companyplaint and Ex.
The younger brother of P.W.5 was selling lottery tickets opposite to the work place of W.5.
At about 9.00 a.m. on 11 03 1989 when P.W.5 was to catch a bus in the bus stand to go to his village, A2 and two others came there and assaulted P.W.5.
After companypletion of investigation, charge sheet was filed.
Thiraviya Nadar hereinafter referred to as the deceased was her husband.
The trial companyrt found the evidence of the eye witnesses 1 and 3 to be companyent and credible and held the accused persons guilty as aforenoted.
P.Ws.2 3 had seen the occurrence.
P1 came to be registered around 7 P.M. on 17.9.1989 at the police station which is hardly 2 k.m.
M.0.3 is the shirt and M.0.4 is the lungi worn by him.
On being questioned, the deceased informed them that he was going to finalise purchase of tender companyonuts and he was on his way to Melamuneerpallam for that purpose.
On 14 09 1989 at 10.00 a.m. P.W.5 was companying out of his work place in the companypany of the deceased.
Al and A4 were also by the side of A3 at that time.
Learned Sessions Judge, Tirunvelli held them guilty and sentenced them to imprisonment for life for the first offence but numberseparate sentence was imposed for the later offence.
Behind the house of one Athiappan Muthiah, the deceased was surrounded by all the four accused.
P 4 is the printed F.I.R. for that crime.
Two hundred feet east of that place, the house of A2 is situated.
All the four accused chased him.
P.W.3 is the mother of Ws.l and 5.
As the accused persons pleaded innocence, trial was held.
Thiraviya Nadar died.
P.W.5 was employed as a driver in the Government Transport Corporation.
They stabbed him indiscriminately.
The deceased was companying in the opposite direction.
P.W.1 went to Munneerpallam Police Station to give a companyplaint.
Thiraviya Nadar was wearing a white companyour shirt at the time of assault and the entire shirt became blood stained.
755 of 2001 has been filed by the State while Criminal Appeal No.756 of 2001 has been filed by the informant.
A2 attacked on the head of the deceased with aruval.
ARIJIT PASAYAT, J. Criminal Appeal No.
M.O. 1 is the weapon of offence in the hands of A2 and M.0.2 is the weapon of offence in the hands of A 1.
P.W.5 and the deceased went to the police station at Palayamkotai and gave a companyplaint to Constable, P.W.6 which was registered by him in Crime No.1016/89 for offences punishable under Sections 341, 323 and 506 II IPC.
A2 asked the deceased as to the whereabouts of P.W.5.
Immediately A2 attempted to cut the deceased with an aruval, but the deceased ran towards south.
who lodged a companyplaint before the police at the Palayamkottai Police Station.
W.5 informed the companytrol room of the police over phone and the police arrived at the scene.
A3 assaulted P.W.5 with a cycle chain, which was attempted to be prevented by P.W.5.
