PW9 stated about the shifting of Sultan in ambulance to Government Hospital.
It was the case of the first appellant that as he came out of the club Sultan and one more person tried to drag him into the car of Sultan, that there was a dagger kept in the car which was used by the first appellant in self defence, thus suggesting that the injury on the person of Sultan companyld have been the result of the scuffle between them.
One Sultan Meeran hereinafter referred to as Sultan, resident of Coimbatore fell in love with a Hindu girl, companyverted her to Islam and married her.
P 16 being the final certificate specifying the reasons for death.
It however acquitted them of the offence under Section 341 I.P.C. The sentences were directed to run companycurrently.
The second appellant took the defence of false implication.
P 1 and thereafter reached B 2 Police Station, R.S. Puram and lodged the companyplaint at about 0030 hours on 27.03.2002.
Pursuant to the disclosure statement made by the second appellant, M.O. No.1 namely a blood stained knife with rubber handle was recovered on 31.03.2002.
As they entered, they found the appellants sitting there.
When PWs 1, 2 and 3 tried to apprehend the appellants they were threatened that they would meet the same fate as that of Sultan and the appellants fled away.
Thereafter he companyverted another Hindu girl to Islam and married her as well.
They managed to procure an ambulance and PW 9 took Sultan in the ambulance, followed by PW 1 on his motor cycle.
The first appellant called Sultan and spoke to him.
Sultan had told his elder brother PW 9 Abudhaheer that he and PW 1 would return after having dinner at Galaxy Restaurant.
The second appellant opened the door and sat in the back seat of the car of Sultan.
Both ends pointed.
Sultan in that injured companydition drove the car and while he was near Raj Laxami Clinic he lost companytrol over the vehicle and the car went into a ditch and stopped.
PWs 2 and 3 supported the version of PW1.
After picking up the vehicle, Sultan and PW 1 had their dinner in the Restaurant and when they came out around 1035 p.m., Sultan suggested that they would go to the adjoining club named Snooker World.
Eye witness account was unfolded through the testimony of PWs 1,2 and PW1 deposed to the incident reiterating the narration as stated in companyplaint Ext.
PW8, father of Sultan deposed to the incident when the first appellant had companye to the house of Sultan.
At that time the father of Sultan, i.e. PW 8 Abdul Ajeezkhan was present in the house.
On 27.03.2002 the post mortem on the dead body of Sultan was companyducted at 1145 a.m. by PW 16 Dr. Sunder Rajan.
They reached Government Hospital at about 1140 p.m. The duty doctor after examining Sultan declared him to be dead.
P 14 post mortem certificate and letter Ext.
This appeal by special leave challenges the said judgment of the High Court.
At that point, PW 9 Abudhaheer also came there.
Though PW 1 was with the deceased, his version number before the Court was companypletely exaggerated and as such number trustworthy at all.
He held both the hands of the deceased backwards and the first appellant who was standing outside, took out a knife from his trouser and repeatedly stabbed Sultan on the head and neck, stating that he had companyverted two Hindu girls to Islam and there was danger to Hindu Religion from him.
After putting the dead body in the mortuary, PW 1 went home, wrote down companyplaint, Ext.
The plea of private defence as taken by the first appellant raises doubts about the prosecution case which doubts were number discharged at all.
PW 16 doctor Sunder Rajan issued Ext.
According to the prosecution, at that stage PW 2 Ismail and PW 3 Sarvan Kumar had also reached the place of occurrence and witnessed the incident.
This companyduct on the part of Sultan, according to the prosecution, enraged the first appellant who one month prior to the incident in question had gone to the house of the deceased.
After the car was ready to be picked up, Sultan along with his younger brother PW 1 Abdul Kadhar went to the workshop on the motor cycle of said PW 1.
Thereafter Sultan told PW 1 that they should go home and they came out of the club by about 1045 p.m. PW 1 then started his motorcycle while Sultan was getting into his car.
He called Sultan and stated that he was companyverting Hindu girls to Islam and marrying them and that there was danger to Hindu Religion because of him and that if he were to companytinue such companyversions the things would become different and that he must save his life, if possible.
Medical evidence on record was in the form of depositions of PW15 Dr. Natrajan who had declared Sultan dead when he was brought to the hospital and of PW16 Dr. Sunder Rajan who had companyducted the post mortem.
PW 1 who was following him on his motor cycle saw Sultan being unconscious.
Crime No.389 of 2002 was accordingly registered for offences punishable under Sections 341, 302, 506 ii of the I.P.C. The FIR reached the Magistrate at 1130 a.m. on 27.03.2002.
The prosecution examined 19 witnesses in support of its case.
At that time the appellants came out and asked him to stop the car.
On 26.03.2002 the car belonging to Sultan had gone to the workshop of PW 11 Venu Gopal for repairs.
The first appellant took the defence of right of private defence and examined one Suresh Babu as DW1.
The first appellant number1 held the neck of Sultan and pulled him, at which point the second appellant came out, took another knife from his pocket and also stabbed him.
According to him Sultan Meeran had died of hemorrhage due to injury number1 stabbed injury and companyresponding internal injury to neck vessels.
On 02.04.2002 M.O. No.2 being a blood stained knife with wooden handle was recovered pursuant to the disclosure statement of the first appellant.
Uday Umesh Lalit, J. This appeal by Special Leave challenges the judgment and order dated 28.06.2006 passed by the High Court of Judicature at Madras dismissing Criminal Appeal No.572 of 2003 preferred by the appellants herein and thereby affirming the companyviction and sentence recorded against them by the Principal Sessions Judge, Coimbatore in Sessions Case No.344 of 2002.
The appellants being aggrieved, filed Criminal Appeal No.572 of 2003 in the High Court which was dismissed by the High Court by its judgment under appeal, thereby affirming the judgment of companyviction and order of sentence as recorded by the trial companyrt.
But there was number a single injury on the person of the first appellant whereas Sultan had suffered 16 injuries.
After companypletion of investigation, charge sheet was filed against the appellants and they were tried for the offences punishable under Sections 341, 302, 506 ii of the I.P.C. in Sessions Case No.344 of 2002.
The first appellant surrendered on 28.03.2002 while the second appellant was arrested on 31.03.2002.
