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2017 Supreme(SC) 234

ROHINTON FALI NARIMAN, MOHAN M.SHANTANAGOUDAR
Rajagopal – Appellant
Versus
Muthupandi @ Thavakkalai – Respondent


JUDGMENT :

R.F. Nariman, J.

1. The facts in the present case are as follows:-

i. Five accused persons, armed with deadly weapons, attacked and injured Rajagopal (PW-1) at about 2.30 p.m. on 06.11.1999, who was standing at the Kandavilai bus stop, causing at least 12 grave injuries which involved fracture of his skull, fracture of the bones of both legs as well as on the wrist. Subsequently, PW-1 suffered amputation of both legs as a consequence of the attack suffered by him.

ii. The prosecution has examined as many as 19 witnesses, and Rajagopal (PW-1), the Complainant himself, has, both in his complaint and evidence, (which was not shaken in cross-examination), stated in detail as to the role of each of the accused.

iii. It may be mentioned here that all the accused were identified by him, and accused No.1 abused him and stated “hack him to death. Let him die and get lost.” Accused No.2 hacked at his left arm left hand elbow with a sickle after which accused No.1 hit him on his head with a sickle and further injured him by hacking at the left lateral malleolus. Accused No.3, another son of accused No.1, hacked at PW-1's right loin and back and also injured him by hacking at his right l














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