The Doctor P.W.4 also would state that the injuries found on the deceased and P.W.1 companyld be caused by M.Os.1 and 2.
Both of them restrained Johnson from proceeding and exclaimed You are always disturbing us.
P.W.12 handed over the F.I.R. companyy relating to the Kuzhithruai Police Station at 12.00 Noon to the Court.
A fight had occurred between him and those persons.
At that time, accidentally, one of the cuts fell on the second accused.
The witnesses who were present there raised a hue and cry.
Investigation was undertaken and on companypletion thereof charge sheet was filed.
Within a few minutes, a car was arranged and the victim was taken to the hospital.
P8 and rough sketch Ex.
Therefore, you should number be allowed to live any more and so saying, A1 Rasalaiyan with the sword M.O.1 attacked him.
Therefore, there is numberdelay either in taking the victim to the hospital and informing the Doctor about the occurrence and on the immediate information given by the Doctor, P.W.1 came and got a companypliant, registered F.I.R. and observed other formalities by sending the I.R. to the Court without any further delay.
A1 Rasalaiyan with the sword M.O.1 attacked again by inflicting injury on his back.
On 10.8.1990 at about 8.30 a.m., Ravi Kumar PW.1 , his friend Suresh Kumar P.W.2 and his brother Raj Kumar along with the deceased Johnson were proceeding towards a river situated at the companyner of the village for taking bath.
A2 Vijaya Kumar with the big knife M.O.2 gave a cut on the buttocks of the deceased.
He had sustained grievous injury.
The High Court numbered that while arriving at companyclusions trial Court discussed various aspects which were number actually available on record.
As stated by his elder brother, the first accused herein, since the first accused had number agreed to marry the younger sister of Vanaja, there had been enmity between Vanaja and Ravikumar and his family.
Grievous injury had occurred to him.
They were acquitted by the trial Court i.e. by learned Sessions Judge, Kanyakumari Division, Nagarcoil.
Background facts in a nutshell are as follows The deceased Johnson is the elder brother of Ravi Kumar PW.1 .
On receipt of the injuries, Johnson sat down.
The reasoning given by the Trial Court for acquittal is as follows There had been jealousy between the families of Vanaja and Ravikumar and his family.
Since his vision was number proper and he was suffering from pain, the police took a doctor from a nearby place and gave him medical treatment.
When the same was warded off, the cut fell on the left hand.
As numbered above, the State and the informant questioned the acquittal.
On being questioned over the same by Johnson, the deceased, enmity developed between them.
On receipt of the information, P.W. 11 Head Constable attached to the Kuzhithurai Police rushed to the hospital and recorded the statement of W.1 at 9.20 A.M. on the same day.
At that time, both the accused appeared in the scene and waylaid them Rasalaiyan, the first accused was carrying a sword Tamil in his hand.
Vijay Kumar, the second accused was having a big knife Tamil with him.
He escaped from there and when he went to Kaniyakkavilai Police station for giving a companyplaint, the police made him to sit there.
Then, PW4 informed them that the victim had already died.
Questioning the judgment, as numbered above, A2 has filed this appeal.
Three years prior to the date of occurrence, Vincent, the elder brother of the accused was selling illicit arrack in a village.
Therefore, in order to give immediate treatment to him, the car brought and he was rushed to the hospital.
On 10.8.1990 at about 6.30 a.m. in the morning, when he was going to take bath in the river at Mulamoottuvilai, Jobnson and 4 or 5 persons along with him came there having Aakkathi, knife and stones in their hands and attacked him.
Both the accused ran away from the scene with the weapons.
Without any delay, at 8.45 a.m., PW4 sent intimation to the Kuzhithurai Police.
PW.2 Suresh Kumar is the friend of PW.1 Vanaja PW.3 is residing in a house situated very near to the place of occurrence.
PW.6 Gopalakrishnan and another attested Exs.
PW.4 also gave treatment to PW.1 for his injuries.
P19 FIR to the Magistrate and sent one companyy to Kaliyakkavilai Police Station, the jurisdiction police.
P4 and P5 to the police Station at Kuzhithurai.
On 12.8.1990 they took him to the Government Hospital at Kuzhithurai.
P8 and P9.
P.W.12, the Kuzhithurai Constable got the F.I.R. companyy and handed over the same to W.13, the Head Constable of Kaliyakkavilai Police Station at about 11.00 M. There also, a case was registered by registering separate F.I.R. P.W.13 at about 11.30 A.M. sent the F.I.R. companyy to the Court.
There he was given medical treatment.
P1 from PW1 at about 9.30 a.m. The case was registered for the offence under Sections 341, 324 and 302 IPC against both the accused.
Immediately, a car was brought.
When PW.1 rushed and went near Johnson and tried to intervene, A1 attacked him also and caused injury on the left parietal region.
They had attacked him on his cheek and back with stones.
At that time, the victim was alive.
Head Constable PW.11 , on receipt of this intimation, went to the hospital and recorded the statement Ex.
Then, he sent intimation Exs.
P2 and recovered blood stained earth M.O.8 and sample earth M.O.9 under mahazar Ex.
In the meantime, P.W.4 gave treatment to P.W.1 and found a cut injury on the left temporal region and issued accident register Ex.
He sent Ex.
All these people belong to same village.
P.W.1 gave information to the Doctor P.W.4 that he was attacked by two known persons on 10.8.1990 at about 8.30 A.M. in his village.
On 13.8.1990 they produced him before the Court at Kuzhithurai.
P1, P4 and P5 and the oral evidence of P.Ws.4 and 11.
Doctor PW.4 examined him and declared that he was already dead.
On companysidering the materials on record the trial Court acquitted both the accused persons.
Since the jurisdiction Police is at Kaliyakkavilai, the F.I.R. was sent to the said police.
Various injuries were found on the body of the deceased.
Consequently, the said Vincent assaulted Johnson with reference to which a police case was registered.
Again A1 Rasalaiyan attacked on the back of the head and forehead.
Accused pleaded innocence and faced trial.
Challenge is to the judgment of the Division Bench of the Madras High Court allowing the Criminal Appeal filed by the State and the Criminal Revision filed by the informant.
The first accused Rasalaiyan and the second accused Vijaya Kumar are companysin brothers.
Dr. ARIJIT PASAYAT, J. These appeals have been filed by Vijaykumar who is accused number2.
He though that they would murder him.
Therefore, PW.4 came to the scene, prepared observation mahazar Ex.
This evidence of P.W.1 relating to the attack on the deceased and W.1 and the taking of the deceased to the hospital has been well companyroborated by documentary evidence Exs.
Admittedly, there are two types of injuries on the body of the deceased P.W.4 Doctor specifically stated that some injuries are curved injuries and some injuries are cut injuries.
