R DHANASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.153/2000 on the file of Additional District Judge -cum -Chief Judicial Magistrate, Cuddalore. A1 to A3 and A7 are the appellants herein.

(2.) THE short facts of the prosecution case sans irregular materials are as follows:

(3.) THE evidence of P.W.1 was corroborated by P.W.2 Dhakshnamoorty, who is also an injured witness in the occurrence. He would corroborate P.W.1 to the effect that at the time of occurrence A3 had assaulted P.W.1 with an iron pipe and also assaulted Narayanaswamy with the same iron pipe on the head alongwith the co -accused. According to P.W.2, A7 had assaulted him with an iron pipe on the left leg. He has accompanied P.W1 to the police station to lodge the complaint/Ex.P.1, P.W.3 has also corroborated the evidence of P.W.1 and 2 to the effect that at the time of occurrence A1 had assaulted Narayanasamy on the head with an iron pipe alongwith A2 and A3, and A1 has also assaulted Narayanasamy on the hip with the same iron pipe. He has also deposed to the fact that A4 had assaulted P.W.2 with a knife on the right leg and A6 had assaulted P.W2 on the left leg with a knife and A3 had assaulted P.W.1 on the left forearm with an iron pipe, A1 has assaulted P.W.1 on the right shoulder with an iron pipe, A12 had assaulted P.W.1 with an iron pipe on the nose, A2 had assaulted P.W.1 on the left foot, A7 had assaulted P.W.2 on the right knee with an iron pipe, A13 had assaulted P.W.2 with a stone, A8, A9 and A10 have criminally intimidated P.W.1 to 3, and that on the next morning Narayanaswamy died at Government Hospital, Cuddalore. P.W.4 who is the wife of the deceased/Narayanaswamy, has stated that on 9.2.1998 at about 7.30 p.m, after hearing the occurrence she went and saw her husband lying down at the place of occurrence in an unconscious condition and blood was oozing through ear and nose of Narayanaswamy and that P.W.1 and 2 also were seen at the place of occurrence with injuries and that she had seen A1 to A3 at the place of occurrence with iron pipes and that A5 was holding a pipe, A4 and A6 were holding knives, A12 was holding a stick, A7, A8, A9, A10 and A11 were holding iron pipes and on seeing her, the accused left the scene of occurrence and that her husband was taken to Government Hospital, Banrotti and then to Government Hospitat at Cuddalore and she saw her husband's corpse on the next day at 10.30 a.m in the Cuddalore hospital.