This appeal arises out of the Judgment in S.C.No.116 of 1997 on the file of the Court of Principal Sessions Judge, Chenglepet.

2. The short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows:

On 23. 1996 at about 8.15 a.m., A1 to A4, due to previous enmity with an intention to cause the death of one Arasappan, have assaulted him with a stick causing the grievous injuries all over his body which resulted in his death on the same day in the hospital.

3. P.W.1 is the complainant. According to P.W.1, the deceased is his brother and there was no previous enmity between the accused and the deceased. On 23. 1996 at about 8.15 a.m., when he was proceeding to Mahabalipuram to pay the electricity consumption charges, via., Kadumpadi Tank Bund, all the four accused wrongly restrained him, acacia stick and immediately accusing him and his brother Arasappan who was also accompanied him at the time of occurrence and A1 assaulted Arasappan on the left side of the head with stick and also on the left hand ; A2 also assaulted the deceased Arasappan on the left leg; A3 assaulted Arasappan on the left leg and nose and A4 assaulted Arasappan on the right side of the head ,left shoulder, and both hands causing bleeding injuries. Thereafter they also assaulted him(P.W.1) with the same acacia stick and A4 had also assaulted him(P.W.1) on the head left flank on both hands and the occurrence was seen by the vegetable hawkers Chandra, Navaneetham and Indirarani and that immediately they proceeded to Mahabalipuram Police Station and preferred a complaint Ex P1. The police have admitted them in the Government Hospital, Chenglepet for treatment but Arasappan died on the same day at about 1.30 p.m., without responding to the treatment.

3a) P.W.2 is an eye witness to the occurrence and also an injured witness, who would depose that the deceased Arasappan was attacked by A1 Ramasamy on the left side of the head and the left hand with a stick; A2 Sengeni had assaulted Arasappan on the left ear; A3 Nagooran had assaulted Arasappan on the eye and nose with a stick and A4 had assaulted Arasappan with acacia stick causing bleeding injuries and would also depose that the accused have assaulted him (P.W.2) on the head, right hand and left eye and both hands causing injuries and that A4 had chased P.W.1 Balasundaram and assaulted on his fore head, left flank and on the head with acacia stick and the occurrence was witnessed by the vegetable hawkers Indirani, Navaneetham and Chandra and that the complaint was preferred by P.W.1.

3b) P.W.3 who is the occurrence witness would depose that on the date of occurrence at about 8.15 a.m., while she was proceeding on the bund, she saw P.Ws.1, 2 and deceased were going along the Bund towards Mahabalipuram and suddenly, the accused came from behind each of them had assaulted with acacia stick on the head and nose. According to her, A1 had assaulted on the head and both hands of Arasappan, A2 had assaulted Arasappan on the right side of the ear, A3 had assaulted Arasappan on the left eye brow and on the nose and on the right ear and that the above said four accused assaulted P.W.1 and P.W.2 causing injuries and that she had raised distress call.

3c) P.W.4 is also an eye witness to the occurrence. According to her, while she was proceeding on the bund of the tank on the date of occurrence at about 8.15 a.m., she saw the deceased Arasappan, P.Ws.1 and 2 proceeding towards Mahabalipuram on the bund of the tank were chased by the accused, and all the four accused have assaulted Arasappan and A1 had assaulted Arasappan on the head, left hand and left leg, A2 had assaulted right side ear; A3 had assaulted left side of the eye brow and nose; and A4 had assaulted on the left eye of Arasappan who fell unconscious due to the attack. Thereafter, the accused have also assaulted P.Ws.1 and 2 causing simple injuries with stick and that the injured were taken to bus stand where the police