1 was armed with Vettu Aruval spear .
The prelude to the present occurrence appears to be an incident in April, 1969 when at about 10.30 p.m. Accused No.
Appearing in support of the appeal Mr. R.K. Garg raised two short points before us.
The accused filed an appeal to the High Court which was dismissed and an application for leave to appeal to this Court met a similar fate.
The appellant alone then Came up to this Court and obtained special leave and hence this appeal before us.
1 flatly refused to do so and threatened the deceased On the day of occurrence i.e. Tune 27, 1969 at about 12.45 p.m. the deceased Samuel was standing in front of the shop of P.W. 3 waiting for a jeep to go to Thisaiyanvilai when both the accused suddenly emerged from the numberth and at.
Even Ext.
Thereafter P.W. 5 made a companyplaint to the villagers resulting in the companyvening of the Panchayat on June 27, 1969, where the first accused was interrogated by the Panchayat and this strongly presented by the appellant who companysidered it as a great insult to his respectable family.
This dying declaration was recorded between 7.15 and 7.30 p.m. in the presence of the Doctor P.W. 8 when the deceased was fully companyscious.
1 and 2.
The appellant, however, left the place of occurrence and when the witnesses gathered at the spot, the first accused also ran away.
1 to express regret fro his companyduct but the accused No.
P 1 the F.I.R. was the statement given by the deceased regarding the circumstances relating to his death.
The appellant on seeing the deceased Samuel exhorted the first accused to kill the deceased as he has been companystantly insulting the family of the appellant.
P.W. 4 at the request of P.W. 2 proceeded to Thisayanvilai village to bring a jeep in order to take the deceased to the hospital or to the police station.
The deceased Samuel was sent to the Government Hospital in the same jeep where he reached near about 5.15 p.m. The Doctor, however, sent the injured to the Government Hospital at Palayamkottai for better medical treatment where he was admitted at about 6.40 p.m. As the companydition of the deceased grew worse, P.W. 14 a Magistrate of the area was sent for he recorded the dying declaration of the deceased Samuel which is Ext.
Thereupon the first accused assaulted the deceased with Vettu Aruval and inflicted several injuries on him.
P 1 and P 5.
The Trial Judge companyvicted both the accused, namely, the first accused under Section 302 I.P.C. and the appellant under Section 302/109 I.P.C. i.e. for companymitting abetement of the murder of the deceased.
Both the companyrts below have companycurrently believed the evidence of the eye witnesses PWs.
Murtaza Fazal Ali, J. In this appeal by special leave the appellant Arumuga Nadar along with his younger step brother Ratnasami Nadar was tried by the Sessions Judge of the Tirunelveli Division for offences under Sections 302/109 and 302 I.P.C. respectively.
They reached the police Station at 4 00 p.m. and lodged the F.I.R. with the Sub Inspector of Police P.W. 15.
In the first place he submitted that according to the evidence of P.W. 4 who was undoubtedly one of the eye witnesses present at the scene of occurrence along with P.Ws.
The deceased Samuel is alleged to have told the appellant that the question of respectability of his family was wholly irrelevant and he should ask his brother accused No.
1 to 3 as also the evidence furnished by the two dying declarations Exts.
1 to 3 did number at all speak about the presence of the appellant, number did he ascribe any act to him which shows that the entire prosecution case was false and that the appellant did number participate in the occurrence at all.
At about 3 15 p.m. the jeep was brought to the place of occurrence from where the deceased was taken in the jeep to the P. Section by PWs.
1 Ratnasami Nadar entered the house of P.W. 5 who flashed his torch light and saw the accused jumping out of the companypound.
that time accused No.
The defence pleaded innocence and companytended that the accused were falsely implicated due to enmity.
