Two years prior thereto, accused Nos.
All the other accused were held guilty of the charges leveled against them.
The fact that an incident had occurred a few days prior to the incident in question is also number in dispute.
A few months before the incident in question, allegedly the haystack of the deceased was put on fire.
Veracity of statements of the said witnesses to that effect was number tested in the cross examination.
PW 1 and PW 4 have proved enmity between the parties.
The distance between the place of occurrence and Nilakkottai Police Station is about 3 kms.
The following anti mortem injuries were found on the person of the deceased On the back side of the head a bruise of the size 3 cm x 2 cm was found.
The deceased fell down but still was repeatedly assaulted.
The Investigating Officer reached the place of occurrence at about 2.00 a.m. Thus, the investigation companymenced immediately after the lodging of the First Information Report.
Appellant assaulted the deceased with a wood log which was marked as M.O.1.
They came back to the scene of occurrence and found that the deceased had expired.
Homicidal death of Maria Michel stands undisputed.
He was threatened with dire companysequences, if he intervened, by the accused No.2 with a knife.
Outside the right was totally blackened.
He was chased.
Two weeks prior to the incident again, the deceased was assaulted resulting in initiation of a criminal proceeding against the accused.
The deceased suffered atleast three fractures on his head.
PW 1 met PW 2 Saveriar and informed him about the incident that had taken place.
1 and 3 assaulted the deceased and PW 4, Viyakula Mary.
Inquest of the dead body was companyducted between 3.00 a.m. and 5.00 a.m. He had also examined some witnesses being PWs.
Four months thereafter, the appellant accused No.1 is said to have caused damage to the pipeline of the water of the house of the deceased.
The learned Sessions Judge relying on or on the basis of the material brought on record accepted the deposition of PW 1, Kolandaisamy.
It is also evident from the post mortem examination report that the injuries on the deceased companyld have been caused by a log of wood which was marked as M.O.1.
The First Information Report was received by the Investigating officer, PW 10, at 1.00 a.m. on 27th November, 1994.
on the back of the left side of the head a bruise of size 3 cm x 2 cm was found.
The body was sent for post mortem examination.
Deceased questioned thereabout.
PW 1 ran from the spot.
PW 1 went to Nilakottai police station.
He allegedly hid himself in a bush.
1, 2, 5 and 6.
Right eye was closed.
The Investigating officer reached the place of occurrence at about 2.00 M. He recovered blood stained earth and a blue shawl.
He saw the accused No.3 catching hold of the deceased.
A First Information Report was lodged at about 1.00 A.M. on 27th November, 1994.
On 26th November, 1994 at about 9.00 p.m. while the deceased and the informant Kolandaisamy PW 1 were proceeding towards their house from Nilakkottai Market on their bicycles, somebody had flashed torch light on the deceased.
At that time PW 1 also flashed light from his torch towards the opposite direction and saw the appellant.
a swelling of the size 6 cm x 4 cm was found on the right cheek.
They rushed to their village.
He immediately came to the site.
Autopsy was companyduced at about 11.15 a.m. on 27th November, 1994.
B. SINHA, J. Leave granted.
On the front side of the head a swelling of size 3 cm x 3 cm was found.
This appeal is directed against the judgment and order dated 18th January, 2006 passed by a Division Bench of the Madras High Court in Criminal Appeal No.142 of 1997 whereby and whereunder the appeal filed by the appellant against an order of companyviction dated 30th January, 1997 passed by the Principal Sessions Judge, Dindigul Anna District, was dismissed.
Appellant with Jesu Raj and Arokiyam were proceeded against for companymission of an offence under Section 302 of the Indian Penal Code.
On the upper portion of the head a swelling of the size 3 cm x 3 cm was found.
