STATE Vs. NAGARAJ ALIAS MANIYATTI ALIAS MANNANGATTI

JUDGEMENT

(1.) THIS is an appeal by the State of Pondicherry against the judgment of acquittal made by the learned Additional Sessions Judge, Pondicherry , in S. C. No. 16 of 2000 against the respondents herein.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: P. W. 1 is a mason by profession. Prior to the occurrence, he along with the deceased, Kafoor, was selling cinema tickets at Jeeva THEatre at higher rate. A few persons belonging to Periar Nagar, demanded tickets at a lower rate, and there was a quarrel between the parties. Following the same, on the date of occurrence namely 26. 1. 1998 at about 11. 00 A. M. , when P. W. 1 and one balamani Aya were standing near the place of occurrence, A-1 and A-2 quarrelled with the deceased. At that time, A-1 took a knife from his back and stabbed the deceased on his neck. THE deceased began running. A-2 took a knife from his waist and stabbed him. On receiving two stabs, the deceased fell down. THE other accused except A-3, stabbed him. THE occurrence was witnessed by P. Ws. 1 to 5. P. Ws. 1 to 3 took him to the Government Hospital , Pondicherry , where P. W. 19, the Casualty medical Officer, was on duty. He examined the deceased and found the following injuries. "1) Stab wound of size 1 x x 1 cms. Over the sternum. 2) Stab wound over the thyroid cartilage of size 1 x x cms. 3) Deep cut wound in the left back of size 8 x 2 x 1 cms. 4) Multiple stab wound over the left shoulder back near the scapula, of size 1 x 1 x cms. " THE Doctor gave an intimation Ex. P21 to the Police.

(3.) ON 30. 1. 1998, A-1, A-3, A-5 and A-6 were arrested. They volunteered to give confessional statements, which were recorded by the investigating Officer. The admissible parts of those statements were marked as exs. P33, P34, P35 and P36 respectively. Pursuant to the same, M. Os. 23 to 26 were recovered under a mahazar, Ex. P33. ON 3. 2. 1998, A-2, A-4, A-7 and A-9 were arrested when they volunteered to give confessional statements, which were recorded by him. The admissible parts were marked as Exs. P37, P38, P39 and P40 respectively, pursuant to which M. Os. 27 to 31 were recovered by the investigating Officer under a cover of mahazar, Ex. P42. Thereafter, on 10. 2. 1998, he arrested A-10. A-10 gave a confessional statement, the admissible part of which was marked as Ex. P44. Pursuant to the same, M. O. 32, a knife, was recovered under a mahazar, Ex. P43. All the material objects were despatched to court along with a requisition to send them for chemical analysis. Accordingly, they were subjected to chemical analysis, and reports were received by the court. ON completion of investigation, the final report was filed by the investigating Officer against the respondents/accused.