The central legal point established in the judgment is the importance of reliable evidence and the burden of proof on the prosecution in establishing guilt beyond a reasonable doubt.

P.N. Prakash, J.

1. The two accused, who have been convicted under Section 302 read with 34 IPC and sentenced to undergo imprisonment for life with fine of Rs.500/-each, in default to undergo two years Rigorous Imprisonment by the District and Sessions Court, Nagapattinam in S.C.No.139/2010 on 10.04.2013 are the appellants before us.

2. The prosecution case is that, Kumar [A1], who is the son of Murugaian [A2], had lent Rs.5,000/- as loan to the deceased Pilavendran. The accused were asking Pilavendran to return the loan, but of no avail. After attending the function in the village Church on 20.05.2010, Pilavendran was returning to his house around 8.00 in the evening, when A1 and A2 accosted him and demanded the return of money. It is alleged that A2 held the deceased and A1 stabbed him on the left chest with a knife [M.O.1]. When Pilavendran fell down, A2 also stabbed him. Kennedy [P.W.2] the brother of the deceased, and one Thomas [P.W.2] a friend of the deceased were coming about 20 feet behind and that, it is the prosecution case that they saw the occurrence. After fatally attacking Pilavendran, the accused fled and Pilavendran dropped on the ground. Kennedy [P.W.1] and Thomas [P.W.2] carried Pilavendran to the Government Hospital, Thiruthuraipoondi in a car and they were informed that Pilavendran was dead. The body was kept in the mortuary and intimation was sent to the police. Sridharan [P.W.9], who was the Special Sub Inspector of Police in Thalaignayar Police Station, received intimation [Ex.P8] at about 22.30 hrs on 20.05.2010 from the Police Outpost in Government Hospital, Thiruthuraipoondi and proceeded to the hospital. At the Government Hospital, Thiruthuraipoondi he recorded the statement of Kennedy [P.W.1], which is the complaint [Ex.P1] in this case. He came to the Police Station and registered a case in Cr.No.127/2010 under Sections 342 and 302 IPC against both the accused at 2.00 a.m. on 21.05.2010 and prepared the printed FIR [Ex.P9]. The complaint [Ex.P1] and the FIR [Ex.P9] reached the jurisdictional Magistrate at 10.30 a.m. on 21.05.2010, as could be seen from the endorsement thereon.

[a] The investigation of the case was taken over by S.Mahesh [P.W.11], the Inspector of Police on 21.05.2010 at 7.00 a.m. He proceeded to the Government Hospital, Thiruthuraipoondi and conducted inquest over the body of Pilavendran. The Inquest Report is Ex.P11. During the inquest, he examined the eye witnesses Kennedy [P.W.1], Anand [not examined], Thomas [P.W.2] and other witnesses, namely Kulanthaisamy [P.W.3] and Deisrani [P.W.4]. After the inquest, he despatched the body of Pilavendran for conducting postmortem.

[b] Dr.T.Sivakumar, Assistant Surgeon, Government Hospital, Thiruthuraipoondi performed autopsy on the body of Pilavendran and noted the following injuries:

"External injuries:

1. A stab wound over left upper chest in second inter costal space about 4cm below medial end of clavicle and 5cm lateral to mid sternal line. It is wedge shaped wound vertically placed with blunt upper part and sharp lower part of length 3cm, breath 5mm and a depth of 5cms tract running backwards, downwards and laterally.

2. A stab wound over left side of chest in third inter costal space 10 cm below and lateral to wound no.1 wedge shaped, running obliquely with blunt upper part of size 2.5cm x 5mm x depth 1cm

3. A stab wound over lateral side of chest in mid auxiliary bone in seventh inter costal space, vertically placed. Wedge ...(n.c.) blunt lower end and sharp upper margin 2.5 cm x 5 mm x depth 4cm running upwards and medially

No other external injuries."

In his evidence and in his Postmortem Certificate [Ex.P7] he has stated that, the deceased would appear to have died of injury to vital organs (1) heart and (2) lungs and due to haemorrhage and shock. Autopsy began at 11.15 a.m. on 21.05.2010 and the estimated time of death was 14 to 16 hrs prior to that.

[c] The Investigating Officer proceeded to the place of occurrence