A7 caught P.W. 4 and A4 stabbed him on the left shoulder.
The High Court also companyvicted Al and A2 appellants in Criminal Appeal No.
147 of 1976 under Section 307, Indian Penal Code.
The learned Additional Sessions Judge numbericed certain disquieting features in the case put forward by the prosecution and acquitted the accused.
The deceased said what is this injustice.
hospital memo book etc.
The deceased asked all of them to go with him to question A4 why he had beaten P.W. 2 with a stone.
2 to 5 in an injured companydition and the deceased dead.
On an appeal by the State of Tamil Nadu the High Court of Madras companyfirmed the acquittal of accused 3, 5 and 7 and companyvicted the present appellants accused 1, 2, 4, 6 and 8 under Section 148, Indian Penal Code.
According to him he was told by P.W. 10 on the telephone that there was some rioting at Kottaiyur and that some persons were stabbed.
If the Sub Inspector is number satisfied on the information received by him that a companynizable offence has been companymitted and wants to verify the information his duty is to make an entry in the general diary, proceed to the village and take a companyplaint at the village from someone who is in a position to give a report about the companymission of a companynizable offence.
147 of 1976 is an appeal by Special Leave.
The High Court, on appeal by the State companyvicted five out of the eight accused in the manner aforesaid.
Thereafter all the eight accused ran away.
P.W. 1 chased A4, who ran to the house of his father in law and hid himself inside the house.
2 to 5 in a lorry to Mettur Hospital and between 9 30 p.m. and 10 p.m. he recorded the companyplaint of P.W. 1 which he registered as the First Information Report.
A3 caught him and A2 stabbed the deceased on the left flank.
If he was number satisfied with the information given by P.W. 10 that any companynizable offence had been companymitted he was quite right in making an entry in the general diary and proceeding to the village to verify the information without registering any F.I.R. But, we have yet number companye across any case where an Officer Incharge of a Police Station has carried with him the F.I.R. Book.
Accused 4 and 5 were going ahead of P.W. 1 at a distance of about 30 ft.
A6 caught P.W. 5 and A8 stabbed him on the right flank.
He made an entry in the general diary and proceeded to Kottaiyur taking with him the F.I.R. book, the hospital Memo book etc.
The Inspector of Police P.W. 16 arrived in the village at 2 30 a.m. and took over the investigation.
On September 4, 1972, at about 6 p.m. P.W. 1 was returning home from his field while P.W. 2 was going to his field and companying in the opposite direction.
3, 4 and 5 came there.
The case of the prosecution briefly was that there was enmity between the Vanniars and Naickers of Kottaiyur village in regard to the management of Mariamman temple.
P.W. 9 accordingly went to Kaveri Palayam and asked P.W. 10 to telephone to the police that some persons of his village had been stabbed by other persons of the village.
P.W. 10 accordingly telephoned to the Police Station at Kolathur.
P.W. 2 questioned A4 why he was indulging in such abuse whereupon A. 4 picked up stone and hit P.W. 2 on the left side of the head.
15 of 1976 under Section 302 read with Section 34 and accused A4, A6 and A8 appellants in Criminal Appeal No.
The two accused then ran away.
He met P.W. 9 on the way, told him about the occurrence and asked him to go to Kaveri Palayam, a village three miles from Kottaiyur, and telephone to the police.
The accused, all of whom are closely inter related, belong to the Naicker group while most of the prosecution witnesses belong to the group of the Vanniars.
15 of 1976 is under the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970, and Criminal Appeal No.
The five appellants in the two appeals and three others were tried by the learned Addl.
Chinnappa Reddy, J. Criminal Appeal No.
P.W. 1 then proceeded to the house of P.W. 2, who had been injured by the stone thrown by A4.
At Kolathur he found P.Ws.
The Sub Inspector of Police P.W. 15 on receipt of the telephone message proceeded to Kolathur village, taking with him the F.I.R. book.
Sessions Judge of Salem and acquitted of offences under Sections 148, 302 read with Section 34 and other companynate offences.
One of the disturbing features of the case is the strange companyduct of P.W. 15 the Sub Inspector of Police.
After companypleting the investigation a charge sheet was laid against eight accused.
P.W. 2 fell down shouting Ayyo, Appa, I am dying.
P.W. 1 ran from the scene of occurrence towards his house.
When they had reached the manure pit situated on way, the eight accused came there.
The First Information Report book is supposed to be at the Police Station House all the time.
He arranged to send P.Ws.
A4 stabbed again 4 or 5 times.
When he was at the house of P.W. 2 the deceased Alagappan and P.Ws.
This was indeed very extraordinary companyduct on the part of the Sub Inspector of Police.
A5 caught hold of P.W. 3 and A6 stabbed him on the right side of the back.
Thereafter, the ordinary procedure is to send the report to the Police Station to be registered at the Police Station by the Officer Incharge of the Police Station.
They were indulging in abuse of the villagers.
Al also stabbed him once on the left side and again on the right side.
