[Judgment of the Court was delivered by R.PONGIAPPAN, J.]

This appeal is directed against the order of acquittal dated

18.12.2012 made in S.C.No.153 of 2012, on the file of the learned I Additional District and Sessions Judge, Erode.

2. The appellant herein is the de facto complainant. Before the trial Court, the second respondent / accused stood charged for the offences under Sections 302, 307 (2 counts) and 506(ii) of IPC. By judgment dated 18.12.2012, the trial Court acquitted the second respondent from all charges. Challenging the said acquittal, the de facto complainant in the above referred case, is before this Court, with the present Criminal Appeal, praying to set aside the order of acquittal.

3. The case of the prosecution, is as follows;

3.1. P.W.1-Kamalahasan and P.W.2-Indhumathi, are the son and daughter of the deceased Muthusamy. They are witnesses to the occurrence.

3.2. On 23.03.2012, at about 7.00p.m., there was a quarrel between the second respondent / accused and one Mallanaicker. During such time, the deceased Muthusamy interfered and attempted to compromise in between them. He told to the second respondent to finish the issue 2 days later.

3.3. Subsequently, on 25.03.2012, when the deceased Muthusamy was sitting in a plastic chair near to Pattathuarasi Temple, the second respondent / accused came with knife and attacked the deceased on his left chest. On seeing the same, P.W.1 and P.W.2, interfered and attempted to save the deceased, at that time, they also sustained injuries and thereafter, all of them went to the Government Hospital, Perundurai.

3.4. In the Government Hospital, P.W.7-Dr.Premnivas, after noting the injuries, declared the death of the deceased Muthusamy and issued Accident Register copy under Ex.D.2. He treated the P.W.1 and issued Accident Register copy with wound certificate, which have been marked as Ex.P.6 and Ex.P.7 respectively. Similarly, on the same day, at about 7.00 p.m., he treated the P.W.2 and issued Accident Register copy with wound certificate, under Ex.P.8 and Ex.P.9 respectively. According to him, the injury sustained by P.W.1 and P.W.2 are abrasions and simple in nature.

3.5. In this regard, P.W.7 gave intimation to the Police Station, under Ex.P.4. On receipt of intimation, on the same day, at about 1.15p.m., P.W.12-Murugan, the then Special Sub Inspector of Police, Perundurai, rushed to the Government Hospital, Perundurai and examined P.W.1, he recorded the statement from him, under Ex.P.1. He has also received the death intimation of the deceased Muthusamy and registered a case in Crime No.262 of 2012 under Sections 324, 506(ii), 307 and 302 of IPC. A copy of the printed F.I.R. was marked as Ex.P.29. In due course, he handed over the copy of the F.I.R. to the Inspector of Police, Perundurai, for the purpose of investigation.

3.6. P.W.13-Gunasekaran, the then Inspector of Police, while at the time of investigation, visited the scene of occurrence and prepared an Observation Mahazar, under Ex.P.10, in the presence of P.W.8- Viswanathan and one Palanisamy. He drawn the Rough Sketch and the same was marked as Ex.P.30. In the presence of the same witnesses, he recovered the blood stained soil (M.O.9) and sample soil (M.O.10) from the place of occurrence, under the cover of Mahazar (Ex.P.11). He has made arrangements for taking photographs and the photographs taken during the time of investigation are marked as M.O.12 (series).

3.7. In continuation of investigation, in the presence of Panchayators and witnesses, P.W.13 prepared Inquest Report under Ex.P.31. He sent a requisition to P.W.7, who is the Doctor attached with the Government Hospital, Perundurai, for conducting autopsy over the dead body of the deceased Muthusamy. On receipt of requisition, P.W.7- Dr.Premnivas conducted autopsy and found the following external and internal injuries; External injuries;

"(i) cut injury on left chest (2 x 5 x 13 cms)

(ii) cut injury near first wound (2 x 5 x 13 cms)

(iii) cut injury