STATE Vs. RASALAIYAN

JUDGEMENT

(1.) On 10/8/1990 at about 8.30 A.M., while the deceased Johnson, his brother Ravi Kumar (P.W.1) and his friend Suresh Kumar (P.W.2) were proceeding towards the river at Mulamoottuvilai village, Rasalaiyan (A1) with a sword and Vijaya Kumar (A2) with a big knife waylaid them and attacked Johnson inflicting injuries on various parts of his body and while Ravi Kumar (P.W.1) intervened, Rasalaiyan (A1) attacked him also and caused injuries. The deceased Johnson fell down and was gasping for life lying in a Pool of blood. The accused ban away from the scene. The deceased then was taken to the Kuzhithurai Hospital, where he was declared dead.

(2.) On this accusation, both A1 and A2 were tried for the offences under Sections 341, 302, 307 and 302 read with 34 I.P.C. After trial, they were acquitted. Hence, the State as well as P.W. 1, the first informant have filed the Appeal and Revision respectively challenging the same.

(3.) Since both these matters, would relate to the same case, both the appeal and revision are being disposed of through this common judgment.