P.N. Prakash, J.

1. The two accused, who were tried and convicted in S.C.No.4 of 2011 on 23.04.2012 by the Additional District Sessions Court/Fast Track Court No.III, Coimbatore, are the appellants before us. They were charged and convicted as follows:

Rank of Accused Section of law Conviction and sentence

A1 U/s 302 IPC Life imprisonment

A2 U/s 302 IPC r/w 304 IPC Life imprisonment

2. It is the case of the prosecution that on 14.07.2010 around 8.20 in the morning, the deceased Palanisamy was fatally attacked by the appellants herein on account of previous enmity, which was witnessed by Subramani [P.W.1], Mahendran [P.W.2] and Rangasamy [P.W.3]. After the attack, Subramani [P.W.1] carried the deceased to Government Hospital, Mettupalayam and it has been noted by Dr.Veerannan [P.W.17] in the Accident Register, a copy of which has been marked as Ex.P9, that the deceased was 'brought dead' at 8.35 a.m. Dr.Veerannan [P.W.17], has specifically noted about six injuries and has also mentioned other multiple cut and stab injuries over the back, in the Accident Register [Ex.P9]. Immediately thereafter, Subramani [P.W.1], lodged a written complaint, which was received by Sivasami [P.W.22], the Head Constable of police, who registered a case in Mettupalayam Police Station Cr.No.1758/2010 u/s 341 and 302 IPC at 9.30 a.m. and prepared the printed FIR [Ex.P16]. The original complaint [Ex.P1] and the printed FIR [Ex.P16] reached the jurisdictional Magistrate at 10.45 a.m. on the same day, as could be seen from the endorsement thereon.

[a] Investigation in this case was taken over by Mani [P.W.25], the Inspector of Police, who went to the mortuary where the body of deceased Palanisamy was kept, and in the presence of panchayatdars examined some witnesses and conducted inquest proceedings from 10.15 a.m. to 12.00 noon and the Inquest Report was marked as Ex.P18. Since Subramani [P.W.1] stated that he had carried the deceased to the hospital, the police recovered pant [M.O.2] and Shirt [M.O.3] that were worn by him, as it had stains of blood. He also recovered the blood stained clothes that were worn by Mahendran [P.W.2], who had helped Subramani [P.W.1], to carry the deceased to the hospital and they were marked as M.Os.6 and 7.

[b] The Investigating Officer despatched the body for post-mortem, where Dr. Jeysingh [P.W.20], performed autopsy over the body of the deceased. Dr. Jeysingh [P.W.20] in his evidence as well in the Post-mortem Certificate [Ex.P15] has stated as follows:

"The following ante mortem injuries noted on the body:

1) Vertically oblique stab wound 3.8 x 1.8 cm noted on back of right side chest. The upper medial sharp end is 2cm right to mid line and lower lateral sharp end is 3 cm medial to inner border of scapula. The wound passes inwards upwards along the muscle plane up to 4 cm in depth.

2) Vertically oblique stab wound 3.8 x 1 cm noted on back of left side chest. The lower sharp end is 3cm left to mid line, upper sharp end is 6cm downwards and medial to inner border of mid scapula. The wound passes inwards upwards along the muscle plane up to 3.5 cm in depth.

3) Vertically oblique stab wound 3 x 1 cm noted on back of left side lower chest at the level of 8th inter costal space. The upper lateral end is 3 cm left to midline, lower medial sharp end is 1.5 cm left to midline. The wound passes inwards upward is along the muscle plane up to 3.2 cm in depth.

4) Vertically oblique stab wound 5.5 x 1 .5 x cavity deep noted on right supra clavicular region. The lower sharp end is 1.5 cm right to eternal notch, lateral upper end is 5cm right to mid line. The wound passes downwards backwards medially, entering into the right pleural cavity and pierces into the superior vena cava, right pleural cavity contains about 1500 ml of fluid blood.

5) Transverse stab wound 2.5 x 1 x 2 cm muscle deep noted on right side front of chest on its 8th inter costal space. The Medial end is 4cm right to middle, Lower end is 7 cm downward and medial to