The prosecution's failure to present the true version of the occurrence and the suppression of the counter case led to doubts about the prosecution's case, resulting in the acquittal of the accused.

(The judgment of the Court was delivered by S.NAGAMUTHU, J.)

The appellants are the accused Nos. 1 and 3 in S.C. No. 41 of 2010 on the file of the learned Additional District and Sessions Judge, Motor Accident Claims Tribunal, Krishnagiri District. Including the appellants, there were totally four accused in the present case in Cr.No.262 of 2009. The Trial Court framed charges against the accused Nos. 1 to 4 as detailed below:-

By judgment, dated 27.11.2012, the Trial Court convicted these two appellants alone and acquitted the accused Nos.2 and 4. The Trial Court convicted the 1st appellant/1st accused under Section 324 IPC and sentenced him to undergo simple imprisonment for one year and convicted the 2nd appellant/3rd accused under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for two months. Challenging the said judgment of conviction and sentence, dated 27.11.2012, the appellants/ accused Nos.1 and 3 are before this Court with this appeal.

2. The case of the prosecution in brief is as follows :-

(i) The deceased in this case was one Muniappa. P.Ws.1 to 3, viz., Murugesan, Subramani and Amutha respectively, are his family members. There was a long standing enmity between the family of the accused and that of the deceased in respect of a pathway dispute. This is stated to be the motive for the occurrence.

(ii) It is alleged that on 11.10.2009, P.W.1-Murugesan, who is the brother's son of the deceased, had brought sand in a tractor and unloaded the same by the side of the house of the deceased. This was not to the liking of the deceased. Thereafter, on the same day, around 9.00 p.m., when P.Ws. 1 to 3 were nearing the house of the deceased, at that time, it is alleged that accused Nos.1 to 4 came to the house of the deceased. It is further alleged that the 1st accused was in possession of an iron rod. The accused Nos.2 and 3 had wooden logs. The accused No.4 did not have any weapon in her hands. On reaching the place of occurrence, it is alleged that the 1st accused had attacked the deceased with the iron rod on his head and the 3rd accused attacked him with wooden log. The deceased sustained injuries on his head and fell down in a pool of blood.

(iii) The 1st accused again attacked P.W.1-Murugesan with the iron rod on his head and caused injuries. The 1st accused in the course of the same transaction, attacked P.W.2-Subramani with the iron rod on his head and caused injuries. The 3rd accused attacked P.W.10-Muniraj and caused injuries on him. In the same occurrence, P.W.4-Mukundha also sustained injuries at the hands of the 3rd accused. Thus, P.Ws.1, 2, 4 and 10 sustained injuries. The accused fled away from the scene of occurrence. The deceased was immediately taken to the Government Hospital at Hosur, for treatment. P.Ws.1, 2, 4 and 10 were taken to the Government Hospital at Hosur, where they were treated and later on, they were discharged.

(iv) On 11.10.2009, at about 9.40 p.m., P.W.11-Dr.Mahesh, Government Hospital at Hosur, examined P.W.1-Murugesan and he found the following injuries on him:-

"Injuries:

1. Laceration parietal area of scalp 7 x 3 x 1 cm with bleeding.

2. Laceration left knee for 3 x 2 cm.

3. Complaint of pain in left shoulder.

4. Contusion right thigh 2 x 1 cm".

Ex.P.6 is the Accident