There were two mango trees on one acre of land at Kanililuppai village which belonged to P.W. 6.
The same stood registered in crime No.
A2, in addition to the abovesaid, was also held guilty under Section 323 and Section 324 IPC and sentenced to undergo imprisonment for six months and one year respectively.
Deceased succumbed to the injuries sustained by him at 3.50 a.m. on 02.06.1991.
According to the measurement done both the trees of mango fell within the land of P.W.6.
2, 3, the deceased and P.W. 5 followed W. 1 to the house.
Annoyed over that, P.W. 1 attacked Janaki with a stick.
He also examined P.W. 2 and found a number of injuries on his person as well.
1 to 3.
1, 2, the deceased and Janaki.
As the companydition of the deceased was serious, he was referred to the Government Hospital at Vellor and on 9.45 p.m. on 01.06.1991, he was admitted in the Government Hospital at Vellor.
The brain came out.
All the sentences were ordered to run companycurrently.
One week prior to the occurrence, P.Ws.
During trial P.W.1, who is father of P.W. 2, P.W. 5 and deceased, as also P.W. 2 to 17 were examined as witnesses.
On companyclusion of the trial, the learned trial companyrt found both the accused guilty of the offences charged against them.
Deceased was bleeding through his numbere and mouth.
From the place of weaving, P.W. 1 went back to his house and asked A1 and A2 as to why they damaged the pots.
The said injuries were also caused by stick.
The deceased, Murugesan, intervened and A1 stating that he must die and with that, attacked on the back side of his head with M.O. 1.
All the injuries found on P.Ws 1, 2 and 3 were recorded in the accident register, which is marked as Exhibit P.12.
1, 2, 5 and Murugasan hereinafter referred to as the deceased were plucking mango fruits from the aforesaid tree when Janaki, who is mother of the accused respondents, came there and companylected some mangoes.
Around 6.45 p.m., accused respondent 1 and 2 for short A1 and A2 respectively trespassed into the house of P.W. 1 and damaged the companyking utensils.
The occurrence, which gives rise to the present appeal occurred on 01.06.1991.
The High Court allowed the appeal and set aside the judgment and order of the trial companyrt and acquitted both the accused of all the charges.
Ws 1, 2 and the deceased were taken by P.W. 5 and two others in a bullock cart to the Government Hospital at Arani.
The present appeal was filed by the State of Tamil Nadu being aggrieved by the order of acquittal passed by the High Court of Madras.
However W. 6 did number allow Janaki to carry the mangoes, so companylected by her.
Intimation, Exhibit P.13, regarding the admission of P.W. 1, P.W. 2 and the deceased in the Hospital was also sent to police station at Arani.
The same resulted in a wordy quarrel between P.Ws.
185/91 for offences punishable under Sections 341, 324, 325 and 307 of the Indian Penal Code, 1860 for short IPC .
Thereafter, A1 and A2 ran away from the scene of occurrence.
On the evening of 01.06.1991, P.Ws 1, 2, 3 along with deceased and W. 5 went to the house of one Kanniammal for weaving work, which is located nine houses away from the house of P.W. 1.
The father of accused had numbershare in that property.
At that time, P.W. 4 was companyking in the house.
In the said crusade injuries were also inflicted on the person of A1.A2, with M.O. 3 bamboo stick attacked P.W. 3 on his left forehead and shoulder, resulting in the left eye of P.W. 3 getting companygested.
P.W. 3 was also examined in the Government Hospital and on such examination a number of injuries were also found on his person.
At the time when P.W. 2 intervened, A2 with M.O. 2 attacked upon him on his head his right shoulder and right leg knee.
7 and 8.
Being aggrieved by the aforesaid judgment and order passed by the trial companyrt an appeal was filed by both the accused before the High Court of Madras, which was heard by a Division Bench of the said Court.
On receipt of the aforesaid intimation, Exhibit P.13, from the Government Hospital the police started investigation and examined P.W. 1 and recorded a statement from him, which is marked in this case as Exhibit P.1.
Frightened by that act of the accused, W. 4 informed about this incident to P.Ws.
Exhibit P. 26 is the F.I.R. During investigation the investigating officer examined number of witnesses and recorded their statements and also went to the scene of occurrence from where he recovered M.Os.
Janaki beat the accused with a plate.
They inherited certain property which was again divided amongst them.
The Medical Officer, who was later on examined as P.W. 10, examined P.W. 1 and found a number of injuries on his person.
1000/ and in default thereof both the accused were directed to undergo imprisonment for one year additionally.
On companyclusion of the enquiry, he submitted a charge sheet as against both the accused persons.
One of the trees had become dead tree.
At that stage, A1, with M.O. 1 attacked on the right side head, left upper arm and left thigh of P.W. 1, who was caught and hold tightly by A2.
Dr. Mukundakam Sharma, J. By this judgment and order, we propose to dispose of the appeal filed against the judgment and order of the Division Bench of the High Court of Madras, whereby the Division Bench set aside the judgment and order of the learned Additional Sessions Judge, Vellore and acquitted both the accused respondents of all the charges framed against them.
