The main legal point established in the judgment is the reliance on eyewitness testimony and medical evidence to establish guilt, while also considering the delay in registering the FIR and inconclusive blood grouping.

N. SATHISH KUMAR, J.

1. Appellants, arrayed as A1 and A2 in the case tried in SC.No.137/2016 on the file of the Court of III Additional District and Sessions Judge, Cuddalore at Vridhachalam, for offences u/s.341, 294[b], 324 and 302 IPC. The Trial Court, under impugned Judgment dated 20.03.2017, found the appellants / accused guilty of the above said offences and awarded sentence, as follows:-

The sentences were ordered to run concurrently. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellants/accused.

2. The brief facts of the prosecution case, are as follows:-

[a] A1-Shanmugam is the younger brother of the deceased Dharmalingam. A2-Kanakambaram is the wife of A1. The deceased Dharmalingam was residing in Karaiyur village with his two wives, viz., P.W.1-Poongothai and P.W.2-Ilavarasi. There was a dispute between the deceased and A1 in respect of 7 acres of land and civil suit is also pending. Due to such enmity, on 20.04.2016, at about 6.00 p.m., while the deceased was returning home after grazing goats, the accused waylaid the deceased ; scolded him in filthy language by saying as to why he had not partitioned the property and so saying, A1 cut the deceased with M.O.4-Bill Hook and A2 beat the deceased on the left ear and on the head with wooden reaper stick. When the deceased raised hue and cry, P.Ws.1 and 2 rushed to the spot and when they attempted to prevent the attack on the deceased, A1 cut P.W.1 on right hand and A2 attacked P.W.2 with the reaper stick on her forehead and back side of the body.

[b] Immediately, P.W.9-Manikandan, son of the deceased and P.W.1, called Ambulance and took the deceased to the Government Hospital, Vridhachalam. From there, the deceased was referred to JIPMER Hospital and he succumbed to injuries on 28.04.2016. While P.W.1 was in the Government Hospital at Vridhachalam, police came and obtained her statement under Ex.P.1. P.W.9 deposed that he had seen the deceased with blood stains and at that time the deceased informed him that A-1 did it for good reason. He also saw his aunt P.W.2 with blood injuries.

[c] P.W.13-Karunanidhi, Special Sub Inspector of Police attached to Pennadam Police Station, on receipt of intimation from the hospital on 20.04.2016, went to the hospital on 20.04.2016 at about 20.30 hours and recorded the statement from P.W.1, registered the crime in Cr.No.140/2016 u/s.341, 324, 294[b] and 307 IPC at about 22.30 hours. The Printed FIR is marked as Ex.P.6. He despatched the originals of Ex.P.1 and Ex.P.2 to the jurisdictional Court and forwarded the copies of the same to the higher officials.

[d] P.W.20-Raja, Inspector of Police attached to the respondent Police Station, on receipt of the Case Diary and FIR from P.W.13, took up the case for investigation and went to the hospital on the nights hours on 20.04.2016 and examined P.W.1 and recorded her statement. On 21.04.2016, he went to the place of occurrence and prepared the Observation Mahazar [Ex.P.3] and Rough Sketch [Ex.P.16] in the presence of P.W.6-Krishnakumar, VAO and one Sudha. He seized M.O.2-Blood stained cloth ; M.O.1-empty cool drink bottle ; M.O.3-a pair of chappals under the cover of Mahazar - Ex.P.5. He examined the witnesses and recorded their statements. He again went to the hospital ; examined P.W.2 and rec