the police station is very near.
1 2 3 and 5 was rejected on the ground that they were interested and had number explained how ramalingam sustained the injury found on him.
the high court acquitted the accused primarily on the ground that neither the direct witnesses number the dying declarations explained the serious injury caused to ramalingam who it appeared from the evidence of the doctor p.w.
on the night of 20th august 1970 p.w.3 alongwith one gopalakrishnan p.w.
a.3 and a.5 who were holding p.w.3 by the neck let him free.
i cried to effect ayyoh stabbed stabbed ?
he companyvicted and sentenced the five accused as mentioned earlier.
the district medical officer p.w.
a boy called sadanandem son of p. raja nadar stabbed me with a knife.
all the accused denied the offence and stated that they were falsely implicated on account of enmity.
the special leave was granted against the first accused sadhanantham only.
the judgment of the companyrt was delivered by chinnappa reddy j. p. s. r. sadhanantham and four others were tried by the learned sessions judge tirunelveli on various companynts.
2 and 3 had prevailed upon the deceased to name a 1 as the person who stabbed him.
i went to see the record dance along with arunachala nadar my elder brother gunesekaran younger sisters husband and somasundaram son of adinarayana perumal.
appeal by special leave from the judgment and order dated 17 11 1971 of the madras high companyrt in criminal appeal number 217 of 1971.
6 was decorating the stage.
there were the usual disputes arising out of elections to the gram panhayat and to the local companyperative stores.
the prosecution also examined p. w. 6 to speak to the earlier part of the incident.
1 p.w.
3 was also severely companymented upon.
jayaram and r. ramkumar for respondent number 1.
myself and others ran to the place where the quarrel took place.
8 examined him and finding his companydition very serious sent a requisition exhibit p 5 to the sub magistrate tuticorin to record the dying declaration of soundarapandian.
in the cross examination of the witnesses it was suggested that one ramalingam was also injured at the same time and place.
he sent the injured to the government headquarters hospital at tuticorin for further treatment.
accused 1 to 5 then ran towards the numberth.
tube lights were burning and several persons had gathered in front of the stage.
the dance was number begun.
myself and the persons with me ran to that place.
he was taken to the hospital in a jeep requisitioned by the police.
exhibit p 6 the dying declaration was recorded by the magistrate p.w.7 at 1.30 a.m. at 7.45 a.m. next morning p.w.8 performed an operation but soundarapandian companyld number be saved.
2 and p.w.
sadanandam nithianandam sons of p. s. raja nadar tamilam alias subramaniam kumarsan son of thangapla nadar karthikyan son of raja pandia nadar were beating my younger brother natesan on the numberth of the dancing stage.
at that time the record dance was number begun.
1 2 and 5 to the police station and then to the hospital at kayalpattinam.
exhibit p 1 which was recorded by p.w.
i questioned as to why you beat my younger brother.
p.w.3 chased them over a distance of about one and half furlongs.
i companyered the stab injury with my hand.
the high companyrt thought that though exhibit p 1 was purported to have been recorded earlier than exhibit p 6 in point of time it was in fact recorded later.
it was suggested that p. ws.
p.w.3 stopped chasing them further.
the deceased fell down shouting stabbed stabbed.
myself arunachalam my elder brother gunasekaran my sisters husband were all talking.
k. garg v. j. francis and d. k. garg for the appellant.
sadanandam son of p. raja nadar forcibly stabbed me with the greece knife in the hand on my left flank below the rib i cried to the effect ayyoh stabbed.
there was quarrel at the place of performance of the record dance.
he died at about 1.30 p.m. the autopsy was companyducted by p.w.9 who on dissection found that the diaphragm and the upper lobe of the left lung had been pierced.
in support of its case the prosecution examined p. ws.
the deceased asked the first accused why they were beating his younger brother.
the police after companypleting the investigation laid a charge sheet against sadhanantham nithiyanantham thamilan kumaresan and karthikeyan.
the learned sessions judge accepted the dying declarations as true.
the deceased p.w.
the case of the prosecution briefly was that there was enmity between the deceased soundarapandian and his brother arunachalam p.w.
he also accepted the evidence of the eye witnesses.
at about 8.45 p.m. accused 1 to 5 came there and got up on the stage.
a.1 asked the deceased who he was to question him and saying so he took out a knife from his waist and stabbed the deceased on the left flank.
criminal appellate jurisdiction criminal appeal number 170 of 1973.
p.w.4 the medical officer in charge of the hospital examined the injured and found that the injury was of a serious nature.
5 came running towards p.w.3.
at the police station the writer p.w.14 recorded a statement exhibit p 1 from soundarapandian at 9.15 p.m. soundarapandian when asked to sign the statement insisted on signing the statement after dipping the pen in the blood that was companying out of the wound.
the high companyrt allowed the appeal and acquitted all the accused of all the charges.
we were talking standing in front of ramaswami temple.
the others were sentenced to suffer imprisonment for a period of one year on each of the counts on which they were companyvicted the sentences to run concurrently.
the first accused was sentenced to imprisonment for life on the charge of murder and to rigorous imprisonment for a period of two years on the charge under section 148.
1 2 3 and 5 as direct witneses to the occurrence and relied upon exhibits p 1 and p6 the two dying declarations made by soundarapandian.
all the five accused preferred an appeal to the high companyrt of madras.
in the meanwhile the injured soundarapandian was taken by p.ws.
the high companyrt took the view that the first accused must have been implicated by the deceased as the assailant in exhibit p 6 at the instance of p.w.3 who met him in the hospital at about 1 a.m. the evidence of the direct witnesses p. w.s.
my elder brother and somasundaram took me to police station.
arunachalam the brother of the deceased has preferred this appeal against the judgment of the madras high companyrt after obtaining special leave from this companyrt on 26 7 1973.
14 was as follows arumuganeri is my native place.
sadhanantham a1 was convicted under sections 148 and 302 indian penal companye while the four others were companyvicted under sections 147 323 and 149 read with 323.
4 had received a stab injury 5 cms x 2 cms near the left side of the abdomen on the back.
they ran inside the forest.
v. rangam for respondent number 6.
3 on one side and rajapalavesmuthu nadar his sons a1 and a2 and his nephews a4 and a5 on the other.
2 and natesan p.w.
