Mrs.A.Subbulakshmy, J.: The accused/appellants were charged for the offence under Sec.302 read with Sec.34 of the Indian Penal Code on the allegation that on 7.4.1989 at 4.30 a.m. at Elapalayam Bypass Road, Erode, due to previous enmity, the first appellant/A-1 stabbed the deceased Kumarasamy on his head and the second appellant/A-2 Perumal squeezed the testacies of the deceased and caused death to him.

2. The case of the prosecution briefly is as follows:

P.W.2 is the second wife of the deceased Kumarasamy. A-2 is the paternal uncle’s son of the deceased Kumarasamy. A-1 is the son of A-2. There is previous enmity between the family of the deceased and the accused. P.W.2 went to her parents house at Pallipalayam and while she was there, P.W.4 came and informed her that her husband was lying dead on the date of occurrence due to lorry accident.

3. P.W.2 immediately along with her parents came to the scene of occurrence. When she reached the scene of occurrence, she found the police people, there. P.W.2 has turned hostile. On 7.4.1989 at 9.30 a.m., when the village Administrative Officer of Villarammaptti Village was in his office, P.W.2 came to his office and informed him that her husband was lying dead and she orally stated the matter. P.W.1 recorded her complaint Ex.P-1 and obtained her signature. P.W.1 prepared three copies of it and he sent one copy to the Tahsildar, one copy to the Judicial Magistrate III, Erode, and retained one copy with him.

4. In Ex.P-1, P.W.2 stated before P.W.1 that she suspects that A-1 and A-2 would have caused the death of her husband Kumarasamy. P.W.1 along with his menials went to the scene of occurrence and he was present, when the Inspector of Police prepared observation Mahazar Ex.P-3, which is attested by P.W.1 and one Kaviyarasu. P.W.1 was also present, when the Inspector recovered the blood stained earth M.O.1, plain earth M.O.2, Hercules cycle M.O.3, Gunny Bag, M.O.4, coconuts contained in the gunny bag M.O.5 series, knife M.O.6 under Mahazar Ex.P-4, which is also attested by P.W.1 Kaviyarasu.

5. P.W.3, the mother of the deceased has stated that there is enmity between her family and the family of the accused and about twenty years back, the accused stabbed her husband Ramasamy Gounder. On the date of occurrence, the deceased, son of P.W.3 was going in the cycle M.O.3 carrying gunny bag M.O.4 containing coconuts M.O.5 series to Erode. P.W.5 came and informed P.W.3 that her son Kumarasamy was lying dead with cut injuries. P.W.5 has turned hostile and he speaks in his evidence that while he was in his house, Ponnusamy and Chinnasamy, not examined, came and informed him that the deceased Kumarasamy was lying dead due to lorry accident.

6. P.W.10 the Sub-Inspector of Police on 7.4.1989 at 11.30 a.m. received Ex.P-1 and Ex.P-2 from P.W. 1 and registered it in Crime No.431 of 1989 under Sec.302 of the Indian Penal Code and prepared the first information report Ex.P-15. He sent the first information report Ex.P-15 along with Ex.P-1 and Ex.P-2 to the Judicial Magistrate III, Erode and he also sent a copy of the first information report Ex.P-15 to the higher authorities P.W.11, on receipt of Ex.P-15, took up investigation, visited the scene of occurrence at 12.45 p.m. and prepared the observation mahazar Ex.P-3 in the presence of P.W.1 and Kaviyarasu and also drew rough sketch Ex.P-16 and recovered the material objects. P.W.11 held inquest over the dead body of Kumarasamy between 2 and 5 p.m. on that date and prepared inquest report Ex.P-17 and also sent the dead body of Kumarasamy to post mortem through P.W.8 along with his requisition Ex.P-8.

7. P.W.7, the doctor conducted post mortem on the dead body of Kumarasamy and he found on him the following injuries:

1. Abrasion 2“X 1” over left upper arm.

2. Lacerated injury 1“X 1/2” right side forehead downwards and medially bone deep.

3. Incised wound over the right parietal region 2“X 1” bone deep downwards laterally.

4. Incised wound over the left side scalp 5

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