(1.) THE appellants are A. 1 and A. 2 in S. C. No. 41 of 1998 on the file of the Principal Sessions Judge, Tuticorin. A. 1 and A. 2 are cousin brothers. Another deceased accused by name Gangari is the brother-in-law of a. 1. P. W. l Irulappan is the brother of the deceased Shanmughaiah, P. W. 2 is the wife of P. W. 1. P. W. s 1 to 3 and all the accused belong to Vellalakkottai, near sankarankovil. As early as 29. 9. 1991, brother of A. 2 was said to have been attacked by P. W. 1, which resulted in lodging of FIR which is marked as Ex. P. 24. Nearly a month earlier to the date of occurrence i. e. , 3. 11. 1996, P. W. 4 a close relative of P. W. 1 is said to have attacked the deceased accused Gangari which resulted in lodging of FIR which is marked as Ex. P. 23. After this occurrence P. W. 1; and deceased left their village out of fear for the accused and came to reside at Kovilpatti Town .
(2.) THE case of the prosecution is that on 1. 12. 1996 when p. W. s 1, 2, 3 and the deceased were standing in the Kovilpatti Bus stand, near the Lottery Shop of one Sekar, A1, A. 2 along with the deceased accused Gangari came there, each armed with Aruval. THE deceased Gangari told the deceased that only at his instigation his relative Ramar has attacked him and so saying, he attacked the deceased on his left cheek and shoulder repeatedly. A. 1 attacked the deceased with Aruval on his left shoulder, left flank and left leg. A. 2 is said to have attacked the deceased on his right back and right hand repeatedly. THE occurrence took place at 2. 00 p. m. , on a broad day light in the bus stand. Immediately P. W. 1 engaged an autorickshaw and took the deceased to Government Hospital at Kovilpatti for treatment. THE injured was admitted at 2. 30 pm. , in the Kovilpatti Government hospital and in the extract of Accident Register Ex. P. 19 it is mentioned that the injured was brought by his brother Irulappan, and the injured has told the doctor that at 2. 00'o clock, near Kovilpatti Town Busstand he was attacked by three known persons by Aruval on his face, head, left leg, left hand, stomach and other places. P. W. 11 Dr. Maheswari admitted the injured and also sent ex. P. 15 intimation to the Judicial Magistrate to record the dying declaration of the injured. THE Doctor also sent Ex. P. 17, intimation to the Police. P. W. 10, judicial Magistrate No. 1, Kovilpatti received the requisition memo Ex. P. 15 and immediately reached the Government Hospital, Kovilpatti at 2. 55 p. m. , On seeing the injured, he informed himself as the Judicial Magistrate, put some questions to find out whether the injured is in a fit state of mind to give statement and after being satisfied that the injured was conscious; and in a fit state of mind, recorded his statement which is marked as Ex. P. 16.
(3.) BEFORE the Sessions Court, P. Ws 1 to 21 were examined as prosecution witnesses, Exs. P. 1 to 28 and M. Os 1 to 10 were marked. On behalf of the accused, Exs. D. 1 to D. 10 were marked. When the accused were question under Section 313 Cr. P. C. , with regard to the incriminating circumstances appearing in the evidence of the prosecution witnesses, the accused denied the same as not known or as false.