The respondents faced trial for allegedly companymitting homicidal death of two persons hereinafter referred to as D1 and D2 respectively .
Reference was made to the seriousness of the injuries sustained by him as stated by the Doctor PW17.
The injured persons were taken to the hospital, PW2 regained companysciousness and his statement was recorded by PW6 the investigating Officer on 13.12.1995.
The accused persons preferred appeal before the High Court which as numbered above directed acquittal.
A 1 held Nachimuthu Gounder while A 2 inflicted blows on the neck and cheek.
Ramu i.e. PW2 tried to avoid the attack which was made on him because of 2 the instigation of A1.
On companypletion of the investigation, charge sheet was filed.
The primary reason which appears to have weighed with the High Court to direct acquittal was that PW2 was number a in a fit companydition to give the statement.
A2 inflicted blows on the head of PW2.
Dr. ARIJIT PASAYAT,J. Heard.
These two appeals are directed against the judgment of a Division Bench of the Madras High Court allowing the appeal filed by the respondents i.e. Criminal Appeal No.
1 and 2.
PW2 who was about 12 years then was an eye witness to the occurrence.
281/1998.
The occurrence according to the prosecution took place on 7.12.1995 around 7.30 P.M. All the four accused persons entered into the house of the deceased Nos.
Since the accused persons pleaded innocence, trial was held.
