Through that passage, A3 and A4 came near the companyplainant party and picked up a quarrel.
12 of 1991 companyvicting accused Nos.
Just at that time, Saravanan A3 and Natarajan A4 appellants herein, came on a cycle from Cuddalore Road, that is, from South to North and they dashed against the cycle of Ramalingam PWI .
PW2 came to him rescue, but he was also assaulted by A4.
Briefly stated, the prosecution case was that on June 3, 1990 at about 9.50 p.m., after closing the exhibition stall PONTEX, deceased Nadamuni, PW I Subramanian, PW2 Thangavel, and their companyworkers Ramalingam and Mohan were going on their cycles on Pondy Villianpur Road and took a turn in the round tanna at the junction of Cuddalore Road.
Seeing the same, the accused ran away.
The appellant was accordingly companyvicted.
Leave, however, was granted to A3 and A4.
Special Leave Petition preferred by AI was dismissed by this Court vide order dated July 13, 1999.
Notwithstanding abuses, PWI, PW2 and the deceased proceeded towards West on Pondy Villianur Road and as they were nearing Swadeshi Cotton Mills, A3 and A4 came on the numberthern side of the road in the wrong direction from east to west near the main gate of Swadeshi Cotton Mills where there was a passage in the barricade for the pedestrians for crossing the road.
Finding numberlegal infirmity in the order passed by the trial companyrt, the High Court dismissed the appeal preferred by Al, A3 and A4 and companyfirmed the judgment of the trial companyrt.
1, 3 and 4 for an offence punishable under Section 304 II read with Section 34 of the Indian Penal Code IPC for short and directing all of them to undergo rigorous imprisonment for two years.
688 of 1991 companyfirming the order dated September 30, 1991 of the Principal Sessions Judge, Pondicherry in Sessions Case No.
It was alleged that A3 fisted PWI on his cheek and pelted a stone at him which caused injury to PWI.
It was alleged that due to beating, deceased Nadamuni fell down on his back and sustained bleeding injuries.
Nadamuni was shifted to hospital and within half an hour of his admission in the hospital, he died.
The present appeal is thus by A3 and A4.
2004 Supp 5 SCR 890 The Judgment of the Court was delivered by THAKKER, J. The present appeal by special leave is directed against the judgment and order dated October 20, 1998 passed by the High Court of Judicature at Madras in Criminal Appeal No.
Taking numbere of companycession by the learned Public Prosecutor, that there was numberevidence against A2, A5 and A6, the trial companyrt acquitted them.
Saravanan A3 then abused Ramalingam PW1 in filthy language.
The accused left the cycle on the other side of the road.
At that time, Al, A2, A5 and A6 came to the spot and Al used violence on deceased Nadamuni.
The trial Judge directed the Jury that if they were satisfied that the Post master was killed in furtherance of the companymon intention of all the three, the appellant companyld be held guilty of murder whether or number he had fired the fatal shot.
Being aggrieved by such companyviction, the appellant approached the Privy Council.
