R.F. Nariman, J. - (1.) The facts in the present case are as follows:- i) Five accused persons, armed with deadly weapons, attacked and injured Rajagopal (PW-1) at about 2.30 p.m. on 06.11.1999, who was standing at the Kandavilai bus stop, causing at least 12 grave injuries which involved fracture of his skull, fracture of the bones of both legs as well as on the wrist. Subsequently, PW-1 suffered amputation of both legs as a consequence of the attack suffered by him. ii) The prosecution has examined as many as 19 witnesses, and Rajagopal (PW-1), the Complainant himself, has, both in his complaint and evidence, (which was not shaken in cross-examination), stated in detail as to the role of each of the accused. iii) It may be mentioned here that all the accused were identified by him, and accused No.1 abused him and stated "hack him to death. Let him die and get lost." Accused No.2 hacked at his left arm left hand elbow with a sickle after which accused No.1 hit him on his head with a sickle and further injured him by hacking at the left lateral malleolus. Accused No.3, another son of accused No.1, hacked at PW-1's right loin and back and also injured him by hacking at his right lateral malleolus. Accused No.4 hit his chin with a sickle, and accused No.5 hacked at his ring and middle fingers on the left hand and ring finger on the right hand with a sickle. iv) The medical evidence corroborates the fact that there were twelve serious injuries together with the skull bone cracked and legs and hands fractured. PWs 3,4,5,8 and 14, who were examined to speak of the arrest, confession and recovery of weapons from the accused, have turned hostile. Even PW-6, the sister of PW-1 who was engaged to speak on behalf of the prosecution as to the motive for the alleged attack, has turned hostile. PWs 7 and 13, witnesses to the mahazar, have also turned hostile. v) The Additional District Judge, Fast Track Court No.II, Tirunelveli, convicted all the five accused persons under Section 148 and Section 307 read with 149 of the I.P.C. and sentenced them to seven years imprisonment with fine of Rs. 5,000/- each. vi) The High Court has reversed the finding of the Trial Court, giving five reasons as to why in a case, like the present one, the conviction should be upset. This is despite the fact that PW-1, the complainant, an injured eye witness who was lived to tell the tale, had deposed as aforesaid.
(2.) Mr. V. Prabhakar, learned counsel appearing on behalf of the appellant-Complainant, has addressed us. His argument is that the five circumstances mentioned by the High Court not only have answers to each of them which are largely given in the Trial Court judgment, but has also argued that without disturbing the evidence of the injured eye witness, the High Court could not possibly have come to the conclusion that the five persons convicted by the Trial Court ought to be acquitted.
(3.) According to the learned counsel, PW-1 has, in his evidence, identified each one of the accused and has stated each one's specific role in injuring him. Lethal weapons have been used, and it is obvious that the intention was to kill PW-1. Fortunately, for him, since the incident took place at 2.30 p.m. in the afternoon, in a busy place, and because he shouted at the accused and there were people around, the five accused ran away.;