ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment of the learned single Judge of the Madras High Court setting aside the judgment of acquittal recorded by learned Principal, Assistant Sessions Judge, tirunelveli. The appellant faced trial along with one Velliah for alleged commission of offences punishable under Sections 307 and 307 read with section 109 of the Indian Penal Code, 1860 (in short 'ipc' ). Though the trial Court found that the prosecution has not established the case, in appeal filed by the State it was held by the High court that the prosecution established the accusations against the appellants. But the acquittal so far as the Velliah A3 is concerned, the High Court confirmed the acquittal.

( 2 ) BACKGROUND facts in a nutshell are as follows: sankaralingam (PW-1), Ramaiah (PW-2)and Paramasivam (PW-6) are brothers. They reside at Marugal Kurichi village. Accused 1 to 3 are also residing in the same village. Their house is situated very near to the house of PWs. 1, 2 and 6. Accused 1 and 2 are brothers. On 2. 10. 1989 at about 5. 00 p. m. Kannammal, the mother of PWs. 1 and 2 went to the corner of the street to collect water from the common water pipe. The third accused's wife manickam also came to take water. While collecting water from the common pipe, there was a quarrel between Kannammal and manickam, the wife of third accused. Ramaiah (PW-2) who noticed this, went there and separated them and took his mother to his house. Next day i. e. 3. 10. 1989 at about 7. 30 a. m. Ramaiah (PW-2), Sankaralingam (PW-1) and one Manickam, wife of another brother, went to the well, which is situated in Nallakannau thevar's garden, in order to take bath. When the first accused came to know about the occurrence which took place on the earlier day, he had grievance against PW-2 thinking that pw-2 abused the wife of the third respondent in support of his mother. At about 7. 30 a. m. when PWs. 1 and 2 and another went near the well, A1 to A3 waylaid them. A-1 and A-2 were having 'aruval' with them. A3 caught hold of PW-2 from behind his back. At that time, A1 and A2 with 'aruval' attacked PW-2 indiscriminately on the back, left shoulder, right shoulder, hands, etc. PW-2 received number of bleeding injuries all over the body and began to cry. Sankaralingam (PW-1)and Poolu Thevar (PW-5) and two others went near the injured. The accused persons threatened them that they would kill them also. PW-2 swooned and fell on the ground. Thereafter, the accused took to their heels. PWs. 1 and 5 took the victim in a car to naguneri Government Hospital at about 8. 30 a. m. Dr. Andiappan (PW-3) examined the victim and found nine injuries. He also sent Ex. P-2 intimation to the Nanguneri Police Station. Head constable (PW-7) came and recorded statement from PW-1. Ex. P-1 is the complaint and the same was registered against the accused for the offences under Sections 341, 342 and 307, IPC. Ex. P-7 is the printed FIR. Doctor (PW-3) sent the victim to the Tirunelveli Hospital for further treatment. He issued Ex. P-3 wound certificate. Doctor (PW-4) took X-Ray and issued Ex. P-4 x-Ray report and the X-Rays were marked as M. Os. 3 to 9. Gnana Diraviyam (PW-8), the Inspector of Police, took up further investigation and went to the scene and examined the witnesses. He prepared Ex. P-5 observation mahazar and Ex. P-8 rough sketch. He also recovered sample earth and blood stained earth. Thereafter, he went to the hospital and recorded the statement from pw-2. Since the PW-8 was subsequently transferred, Periasamy (PW-9) another Inspector of Police took up further investigation.

( 3 ) AFTER completion of investigation charge-sheet was filed and the accused persons faced trial as they denied the accusations. Nine witnesses were examined to further the prosecution version. Trial court found the evidence of prosecution witnesses to be not cogent and credible and accordingly directed acquittal. State preferred appeal against acquittal. High