The prosecution must prove the case beyond reasonable doubt to secure a conviction.

(Criminal Appeal preferred against the judgment passed by the learned Principal District and Sessions Judge, Coimbatore in S.C.No:349 of 1999, dated 21.12.1999.)

This Criminal Appeal is directed against the conviction of the appellants-accused A.1 and A.2 under Section 304(ii) IPC and sentence imposed to undergo rigorous imprisonment for 5 years.

2. The brief facts of the case are as follows:-

(a) P.W.1 is the brother of the deceased Rangasamy. The deceased is also uncle of P.W.2 and Cousin of P.W.3. The occurrence took place on 18.4.1998 at 11.00 p.m., About four days prior to the occurrence, A.1's sister's grand daughter by name Baby, a minor girl is said to have been kidnapped by one Chockalingam. The family members of the said minor girl Baby suspected that the deceased engineered the elopement or abduction. On 18.4.1998 there was some Pooja in Devampadivalasu Makaliamman temple in which P.W.1, the deceased, P.W.2 and one Sandhu, Venkatachalapathy participated and they were returning after the Pooja was over. The deceased was walking 40 feet in front of P.W.1 and others. When they were nearing Muthalamman Temple, A.1 armed with Vasi (a weapon used to separate the coconut from the husk) and A.2 with an iron pipe attacked the deceased on his stomach, private parts and right leg. At the time of attack, they were saying that he was the reason for elopement of Baby. P.W.1, 2 and others went to catch the accused, but they escaped. Immediately, P.W.1 took the TVS 50 Moped and brought a taxi in which the deceased was taken to Government Hospital, Pollachi. On 19.4.1998 at 4.03 a.m., P.W.5, Dr.Kaja Mohideen examined the deceased and found the following injuries:-

"1. A blunt injury over left side of the chest over axilla region- contusion size 5 cm x 5 cm;

2. A blunt injury over right side of the abdomen contusion size 10 cm x 8 cm;

3. A blunt injury with small abrasion over lateral aspect of right knee joint. size 4 cm x 2 cm

4. Obstructed inguinal hernia right side"

(b) Thereafter he gave intimation Ex.P.4 to Police Station. On the advice of P.W.5, the injured Rangasamy was taken to Medical College Hospital, Coimbatore in a taxi. After admitting him in the Hospital, P.W.1 went to Pollachi Taluk Police Station and gave a complaint before P.W.9, Head Constable, who recorded the complaint of P.W.1. The said complaint is Ex.P.1. Based on Ex.P.1, complaint, P.W.9 registered a case in Crime NO.66 of 1998 under Sections 324 and 506 (ii) IPC against the accused. Ex.P.10 is the printed FIR. P.W.10, Sub Inspector of Police who received copy of the FIR went to the place of occurrence and at 9.00 a.m., in the presence of PW.4 and one Natarajan, he prepared Ex.P.2 observation mahazar and Ex.P.11 rough sketch. He examined P.Ws.1 , 2 and 3, Vankatachalapathy, Sandhu and P.W.4 and recorded their statements. On 19.4.1998 at 9.55 a.m., P.W.6 admitted the injured Rangasamy at the Government Medical College Hospital at Coimbatore and gave intimation to the Police.

(c) On 23.4.198 P.W.10 Sub Inspector of Police arrested the accused near Nalligoundenpalayam Mariamman Temple. The accused volunteered to give statement of confession and produced M.Os 1 and 2. In pursuance of the said confession statement the weapons were seized under a cover of mahazar Ex.P.9 signed by P.W.8 and one Damodharan. On 30.4.1998, at 7.30 a.m., he received the intimation that the injured Rangasamy who was treated at the Government Medical College Hospital, Coimbatore died and therefore, P.W.11, Inspector of Police altered the Section of the FIR as one under Secton 302 IPC read with Section 34 IPC and sent Ex.P.12, express report to the Court. Between 10.00 a.m., and 1.00 p.m., on 30.4.1998 in the presence of Panchayatdars, P.W.11 conducted inquest on the body of the deceased and examined witnesses. The inquest report is Ex.P.13. After inquest, he sent the body along with Ex.P.7 requisition through P.W.9 Constable Muthiah for autopsy.

(d) P.W.7 conducted autopsy on the b