Doctor PW.3 sent the victim to the Tirunelveli Hospital for further treatment.
It is true that P.W.7 stated that he obtained Ex.
Gnana Diraviyam PW.8 , the Inspector of Police, took up further investigation and went to the scene and examined the witnesses.
P 2, P.W.7 Head companystable rushed to Nanguneri Government hospital.
Background facts in a nutshell are as follows Sankaralingam PW1 , Ramaiah PW2 and Paramasivam PW6 are brothers.
He also sent Ex.
Ramaiah PW 2 who numbericed this, went there and separated them and took his mother to his house.
At that time, A1 and A2 with Aruval attacked PW.2 indiscriminately on the back, left shoulder, right shoulder, hands, etc.
1 and 7 would state that the companyplaint was given by PW.1 which was recorded by PW.7, since PW.2 was unconscious.
When the first accused came to know about the occurrence which took place on the earlier day, he had grievance against PW.2 thinking that PW.2 abused the wife of the third respondent in support of his mother.
But the acquittal so far as the Velliah A3 is companycerned, the High Court companyfirmed the acquittal.
It is to be numbered that the acquittal was directed by the Trial Court, inter alia, on the following grounds Recording of Ex.
As a matter of fact, even according to P.W.5, P.Ws.
The accused persons threatened them that they would kill them also.
1 and 5 took the victim in a car to Naguneri Government Hospital at about 8.30 a.m. Dr. Andiappan PW.3 examined the victim and found nine injuries.
P.W. 3 Doctor further stated that he gave Ex.
A3 caught hold of PW.2 from behind his back.
He also recovered sample earth and blood stained earth.
At about 7.30 a.m. when PWs.
Since the PW.8 was subsequently transferred, Periasamy PW.9 another Inspector of Police, took up further investigation.
The occurrence took place in a day light at 7.30 A.M. The house of accused and P.Ws.
Though the trial Court found that the prosecution has number established the case, in appeal filed by the State it was held by the High Court that the prosecution established the accusations against the appellants.
Thereafter, he went to the hospital and recorded the statement from PW.2.
P 1 companyplaint from PW.1, when PW.2 was companyscious.
This occurrence took place at about 7.30 A.M. and the victim was taken to the hospital at about 8.15 A.M. P.W.3 Doctor stated that the victim was companyscious and the victim stated to him that the he was attacked by three persons with Aruval.
Head Constable PW.7 came and recorded statement from PW.1.
Next day i.e. 3.10.1989 at about 7.30 a.m. Ramaiah PW.2 , Sankaralingam PW.1 and one Manickam, wife of another brother, went to the well, which is situated in Nallakannau Thevars garden, in order to take bath.
He prepared Ex.
On receipt of Ex.
State preferred appeal against acquittal.
P 1 statement to P.W.7.
P 1 is the companyplaint and the same was registered against the accused for the offences under Sections 341, 342 and 307 IPC.
Thereafter, the accused took to their heels.
P 3 wound certificate.
According to PW.3 Doctor, the injured was companyscious, when he was admitted in the hospital.
P 4 X Ray report and the X Rays were marked as M.Os.
The third accuseds wife Manickam also came to take water.
After companypletion of investigation charge sheet was filed and the accused persons faced trial as they denied the accusations.
P 5 observation mahazar and Ex.
P 2 intimation to the police, when P.W. 2 was admitted in the hospital.
3 to 9.
1, 2 and 6.
They reside at Marugal Kurichi village.
P 8 rough sketch.
Accused 1 to 3 are also residing in the same village.
Accused 1 and 2 are brothers.
Their house is situated very near to the house of PWs.
Nine witnesses were examined to further the prosecution version.
1 and 2 went to the companyner of the street to companylect water from the companymon water pipe.
P 7 is the printed FIR.
P 1 statement given by PW.1 by PW.7 is doubtful.
High Court found that the reasoning indicated by the Trial Court to direct the acquittal cannot be maintained.
P 2 intimation to the Nanguneri Police Station.
At that time, P.W.1 was present in the hospital and gave Ex.
On 2.10.1989 at about 5.00 p.m. Kannammal, the mother of PWs.
Doctor PW.4 took X Ray and issued Ex.
There is numberreason as to why PW.7 had to obtain Ex.
PW.2 swooned and fell on the ground.
PW3 the doctor attached to the Naguneri Government Hospital, Tenkasi examined PW 2 at about 8.15 a.m. on 3.10.1989.
Trial companyrt found the evidence of prosecution witnesses to be number companyent and credible and accordingly directed acquittal.
While companylecting water from the companymon pipe, there was a quarrel between Kannammal and Manickam, the wife of third accused.
This would number mean that P.W.1 did number accompany P.W.2.
Sankaralingam PW.1 and Poolu Thevar PW.5 and two others went near the injured.
PW.2 received number of bleeding injuries all over the body and began to cry.
P.W.1 stated that when P.W.2 victim was taken to the hospital, he was in unconscious state and after admitting the victim in the hospital, P.W. 3 Doctor gave treatment to him.
The appellant faced trial along with one Velliah for alleged companymission of offences punishable under Section 307 and 307 read with Section 109 of the Indian Penal Code, 1860 in short IPC .
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the learned Single Judge of the Madras High Court setting aside the judgment of acquittal recorded by learned Principal, Assistant Sessions Judge, Tirunelveli.
1 and 2 and another went near the well, A1 to A3 waylaid them.
A1 and A2 were having Aruval with them.
1 and 5 took the victim in a taxi to Naguneri Hospital.
P 1 companyplaint from P.W.1, when P.W.2 was unconscious.
He issued Ex.
