The central legal point established in the judgment is the reliance on the testimony of injured witnesses, identification parade, and medical evidence to establish the guilt of the accused.

R. BANUMATHI, J.

Appellants are accused No.1 to 4 in S.C.No. 6 of 1997 on the file of II Additional Sessions Judge, Pondicherry. For causing the murder of one Sundal Shanmugam alias Nattar, Appellants were convicted under S.304 (II) I.P.C. and sentenced to undergo Rigorous Imprisonment for a period of Three Years each. For causing injuries to Witnesses Rajaram and Iyyappan, A.1 and A.2 were convicted under S. 324 I.P.C. and sentenced to undergo Rigorous Imprisonment for a period of One Year each.

2. P.W.1 - Rajaram is the second husband of P.W.3 - Gnanavadivu. On 29.04.1995, P.W.1 Rajaram was standing in front of his house in Kandoctor Thottam. At that time, A.1 to A.4 and two more accused armed with deadly weapons like Knives and Sticks came and abused P.W.2 - Umai alias Iyyappan. When the accused were coming near the house of P.W.3 - Gnanavadivu, P.W.2 was standing near his house just watching the accused. Accused asked P.W.2 to go away; but P.W.2 - Umai alias Iyyappan was still standing. Hence A.1 to A.4 caught hold of the Shirt of P.W.2 and A.2 caused cut injuries on the left Chin of P.W.2 with Aruval. P.W.3 - Gnanavadivu, mother of P.W.2 - Umai alias Iyyappan pleaded to leave her son. Because of the assault by A.2, P.W.2 sustained bleeding injuries on his head. A.1 asked P.W.1 as to why he was roaming hither and thither. So saying A.1 tried to attack P.W.1 with Long Knife near his Stomach. When suddenly moved, P.W.1 sustained bleeding injuries on his Stomach. At that time, one Sundal Shanmugam alias Nattar known to P.W.1 for more than twenty years had come nearby. On seeing him, all the accused persons shouted saying " Here comes Nattar, attack him ". So saying, all the accused ran towards him. A.2 twisted the leg of Sundal Shanmugam, who had fallen down. After he had fallen down, all the accused surrounded him and caused injuries with Knives and Sticks continuously all over the body.

This occurrence was witnessed by the Nephews of Sundal Shanmugam viz., P. W.5 Raja and P.W.6 Selvam alias Palai, who were coming from behind Sundal Shanmugam at a distance of about 10 metres. That apart, P.W.4 Suresh, a child aged about Ten Years had also witnessed the occurrence. After attacking the deceased, the accused had run away from the scene of occurrence.

3. Registration of the case and Investigation:- P.W.1 Rajaram and P.W.2 Iyappan alias Umai Iyyappan went to Odiensalai Police Station on the same day at 3.00 p.m. P.W.16 then Sub Inspector of Police, Odiensalai has recorded the Oral Statement of P.W.1 and registered the case in Odiensalai Police Station Crime No.54 of 1995 under Ss.147, 148, 307 and 324 r/w 149 I.P.C. under Ex.P.47 First Information Report. Injured P.Ws.1 and 2 were sent to General Hospital, Pondicherry for treatment.

4. P.W.16 S.I. of Police had taken up the initial investigation. He came to know that injured Sundal Shanmugam succumbed to the injuries at 3.55 p.m. On receipt of Death Intimation, P.W.16 altered the case for the offences under Ss.147, 148, 302 and 324 r/w 149 I.P.C. under Ex.P.48 - Alteration Report.

5. P.W.17 Inspector of Police, Grand Bazar Circle had taken up the further investigation. Scene of occurrence was inspected in the presence of the witnesses. Photographs (Exs.P.36 to P.38) were taken regarding the scene of occurrence. Exs.P.43 to P.46 Photographs were also taken on the body of the deceased. On the scene of occurrence, Ex.P.2 Observation Mahazar and Ex.P.49 Rough Plan were prepared in the presence of P.W.7 Ganesan and P.W.8 Dhanagodi. Blood Stained portion of right hand finger (M.O.3) of deceased Sundal Shanmugam was seized under Ex.P.3 Seizure Mahazar in the presence of P. Ws.7 and 8. Witnesses were examined.

6. On 30.04.1995, P.W.17 I.O. examined the witnesses in the presence of Panchayatdars and held inquest on the body of deceased Sundal Shanmugam. Ex.P.51 is the Inquest Report. After inquest, the body was sent to Autopsy.

7. Pursuant to the Requisition from the Inspector of Poli