ADUVETTI GOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) APPELLANTS, two in number, stand convicted in B. C. No. 72 of 2004 on the file of Court of Sessions, namakkal, under Section 302 read with section 34 I. P. C. , for which they stand sentenced to undergo imprisonment for life. Therefore they are before this court in this appeal. Heard Mr. S. Shanmughavelayutham, learned Senior Counsel arguing for the appellants and Mr. C. T. Selvam, learned additional Public Prosecutor for the State. The prosecution case is that at 10. 30 p. m. on 5. 4. 2003 due to prior enmity namely, a civil dispute between A. 1 on the one hand the prosecution party on the other hand, A. 2 caught hold of the legs of Vallaiammal, since deceased thereby facilitating the first accused to fatally stab her and therefore triable under the section referred to above. To prove their case, the prosecution examined P. Ws. 1 to 15 besides marking Exs. P. 1 to P. 19 and M. Os. 1 to 15. The defence neither let in any oral nor documentary evidence.

(2.) P. W. 1 is the wife of P. W. 2. P. W. 4 is the husband of deceased Vellaiammal. P. W. 1 is the daughter of P. W. 4 and the deceased. P. W. 3 is the younger brother of P. W. 1. P. W. 1 and P. W. 3 are therefore the daughter and son of P. W. 4 and the deceased. P. Ws. 1 to 6 have been examined as eye-witnesses to the crime. But however P. Ws. 5 and 6 turned hostile. The entire prosecution case therefore rests only on the evidence of P. Ws. 1 to 4. We summarise hereunder the evidence of P. W. 1.

(3.) CHEST and Abdomen :- Dissection of injury No. 1 shows the fracture of the left 6th rib and laceration of the lower lobe of the left lung in the size of 6 x 2 x 2 cm present.