SUBRAMANI @ JEEVA @ KULLAJEEVA Vs. S.H.O., ODIYANSALAI

JUDGEMENT

(1.) We have heard the learned counsel for the parties at a very great length, more particularly, as the judgment before us is one of reversal; the Trial Court having acquitted all the accused and the High Court reversing the judgment qua the solitary appellant herein. The facts of the case are as under:

(2.) On the 4/11/1991 PW.1, along with his brother the deceased-Tamilvendhan, went to a restaurant in Labortene Street, Pondicherry. At the restaurant his friends PWs. 2, 3,4 and another person joined them. They ordered their food and while they were waiting to be served, asked for some drinks. A short while later they heard sounds of breaking of plates inside the restaurant. The seven accused then came out and while they were passing by PW's.1,2,4 and the deceased, appellant-Subramani made an abrasive comment on the complainant party. The deceased however laughed at him on which the appellant called his friends and they surrounded the table of the complainants.

(3.) The appellant also took up a bottle lying on the table, broke it by hitting it on the table and stabbed Tamilvendhan on his neck. When PW.1 intervened he too was caused injuries in that process. On seeing this PW.2 came out to rescue them and he too was attacked by the appellant. The deceased fell down on the ground whereafter all the accused ran away from the place. The incident happened at about 10.45 p.m. The deceased, accompanied by the injured PWs 1 and 2, was then taken to the Government hospital, Pondicherry, where they were examined by PW.10 at 11.10 p.m. Tamilvendhan was found dead on arrival.