IMPORTANT POINT
Conviction can be based on reliable independent ocular evidence.

JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. These appeals have been filed by Vijaykumar who is accused no.2. Challenge is to the judgment of the Division Bench of the Madras High Court allowing the Criminal Appeal filed by the State and the Criminal Revision filed by the informant. Two accused persons faced trial for alleged commission of offence punishable under Sections 341, 302, 307 and 302 read with Section 34 IPC. They were acquitted by the trial Court i.e. by learned Sessions Judge, Kanyakumari Division, Nagarcoil. As noted above, the State and the informant questioned the acquittal.

2. Background facts in a nutshell are as follows:

The deceased Johnson is the elder brother of Ravi Kumar (PW.1). The first accused Rasalaiyan and the second accused Vijaya Kumar are cousin brothers. PW.2 Suresh Kumar is the friend of PW.1 Vanaja (PW.3) is residing in a house situated very near to the place of occurrence. All these people belong to same village.

Three years prior to the date of occurrence, Vincent, the elder brother of the accused was selling illicit arrack in a village. On being questioned over the same by Johnson, the deceased, enmity developed between them. Consequently, the said Vincent assaulted Johnson with reference to which a police case was registered.

On 10.8.1990 at about 8.30 a.m., Ravi Kumar (PW.1), his friend Suresh Kumar (P.W.2) and his brother Raj Kumar along with the deceased Johnson were proceeding towards a river situated at the corner of the village for taking bath. At that time, both the accused appeared in the scene and waylaid them Rasalaiyan, the first accused was carrying a sword (Tamil) in his hand. Vijay Kumar, the second accused was having a big knife (Tamil) with him. Both of them restrained Johnson from proceeding and exclaimed "You are always disturbing us. Therefore, you should not be allowed to live any more" and so saying, A1 Rasalaiyan with the sword M.O.1 attacked him. When the same was warded off, the cut fell on the left hand. Again A1 Rasalaiyan attacked on the back of the head and forehead. A2 Vijaya Kumar with the big knife M.O.2 gave a cut on the buttocks of the deceased. On receipt of the injuries, Johnson sat down. Then, again A2 Vijaya Kumar with M.O.2 gave cuts on the left arm, right hand and face. A1 Rasalaiyan with the sword M.O.1 attacked again by inflicting injury on his back. At that time, accidentally, one of the cuts fell on the second accused. When PW.1 rushed and went near Johnson and tried to intervene, A1 attacked him also and caused injury on the left parietal region. The witnesses who were present there raised a hue and cry. Both the accused ran away from the scene with the weapons.

Within a few minutes, a car was arranged and the victim was taken to the hospital. Doctor (PW.4) examined him and declared that he was already dead. PW.4 also gave treatment to PW.1 for his injuries. Then, he sent intimation Exs. P4 and P5 to the police Station at Kuzhithurai.

Head Constable (PW.11), on receipt of this intimation, went to the hospital and recorded the statement Ex.P1 from PW1 at about 9.30 a.m. The case was registered for the offence under Sections 341, 324 and 302 IPC against both the accused. He sent Ex.P19 FIR to the Magistrate and sent one copy to Kaliyakkavilai Police Station, the jurisdiction police. Therefore, PW.4 came to the scene, prepared observation mahazar Ex.P8 and rough sketch Ex.P2 and recovered blood stained earth M.O.8 and sample earth M.O.9 under mahazar Ex.P9. PW.6 Gopalakrishnan and another attested Exs. P8 and P9.

Various injuries were found on the body of the deceased. Investigation was undertaken and on completion thereof charge sheet was filed. Accused pleaded innocence and faced trial.

3. On considering the materials on record the trial Court acquitted both the accused persons.

4. The reasoning given by the Trial Court for acquittal is as follows:

"There had been jealousy between the families of Vanaja and Ravikumar and his family. As stated by his elder