The deceased Crl.
So far as A 4 is companycerned, the companyviction and sentence imposed upon him under Section 302 read with 149 of I.P.C. are set aside, and instead, he is companyvicted under Section 324 of I.P.C. and directed to suffer one years Rigorous Imprisonment A 2 and A 4 are before us by way of special leave.
At about 130 a.m., on the 6th January, 2002, PW 1 and the deceased were sleeping in their house when A 3, A 5 and A 6 armed with bamboo sticks, A 4 armed with a reaper and A 1 with a stone reached that place and on the exhortation of A 1 that the deceased should be finished off, he was attacked by all the accused.
The Trial Court, relying on the evidence of PW 1, the only eye witness, held that A 2, A 3, A 4 and A 6 were guilty of the offence under Section 302 read with Section 149 of the Indian Penal Code.
They pleaded number guilty and were brought to trial.
PW 1, who had seen the incident, went close to her husband and found that he was dead.
Multiple scratch marks present over the upper third of posterior aspect of left leg and lateral aspects of left foot.
On the companypletion of the investigation, the accused were charged for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.
He was also claiming a share in the bank deposits left in the Cooperative Bank at Namakkal, by his aunt.
She immediately went to the Panchayat President who directed her to approach the police.
The post mortem, performed by PW 9, revealed 24 injuries on the dead body.
An appeal was thereafter filed in the High Court by the accused.
This claim was opposed by A 1, his father, A 2 and A 3, the husbands of his sisters, A 4 son of A 2, A 5 his second wife and A 6 the brother of A 5, and there was some amount of friction between them on account of these companyflicting claims.
The accused were also arrested and pursuant to the disclosure statements made by A 1 and A 2, the weapons used by them were recovered.
She accordingly reached police station, Namakkal at about 630 a.m. and lodged a report and a case under Sections 147, 148 and 302 of the Indian Penal Code was registered.
The doctor, PW 9, who had companyducted the post mortem examination found the following injuries on the person of the deceased Cut injury of 8 x 2 cm x bone deep present over the center of the skull.
Appeal No.605 of 2007 also attempted to 2 escape but in that effort he fell down whereupon A 4 hit him on the skull, A 2 attacked him with a knife and A 1 with a stone on his head.
HARJIT SINGH BEDI, J. This appeal arises out of the following facts The deceased, Manoharan, was residing with his third wife PW 1 in Vendambadi Kudi Street.
