Mukundakam Sharma, J. - (1.) By this judgment and order, we propose to dispose of the appeal filed against the judgment and order of the Division Bench of the High Court of Madras, whereby the Division Bench set aside the judgment and order of the learned Additional Sessions Judge, Vellore and acquitted both the accused respondents of all the charges framed against them.
(2.) However, before we deal with the contentions raised before us in the appeal, it would be necessary to state the facts of the case leading to filing of the present appeal, which are as under : The father of the accused respondents is the brother of P.W. 1 and P.W. 6. They inherited certain property which was again divided amongst them. There were two mango trees on one acre of land at Kanililuppai village which belonged to P.W. 6. The father of accused had no share in that property. According to the measurement done both the trees of mango fell within the land of P.W. 6. One of the trees had become dead tree. However, before the said measurement could take place the father of the accused respondents sold that tree to one Shanmugam for a sum of Rs. 1,000/-. The occurrence, which gives rise to the present appeal occurred on 01.06.1991. One week prior to the occurrence, P.Ws. 1, 2, 5 and Murugasan (hereinafter referred to as 'the deceased') were plucking mango fruits from the aforesaid tree when Janaki, who is mother of the accused respondents, came there and collected some mangoes. However P.W. 6 did not allow Janaki to carry the mangoes, so collected by her. The same resulted in a wordy quarrel between P.Ws. 1, 2, the deceased and Janaki. Janaki beat the accused with a plate. Annoyed over that, P.W. 1 attacked Janaki with a stick. On the evening of 01.06.1991, P.Ws 1, 2, 3 along with deceased and P.W. 5 went to the house of one Kanniammal for weaving work, which is located nine houses away from the house of P.W. 1. At that time, P.W. 4 was cooking in the house. Around 6.45 p.m., accused/respondents 1 and 2 (for short 'A1' and 'A2' respectively) trespassed into the house of P.W. 1 and damaged the cooking utensils. Frightened by that act of the accused, P.W. 4 informed about this incident to P.Ws. 1 to 3. From the place of weaving, P.W. 1 went back to his house and asked A1 and A2 as to why they damaged the pots. P.Ws. 2, 3, the deceased and P.W. 5 followed P.W. 1 to the house. At that stage, A1, with M.O. 1 attacked on the right side head, left upper arm and left thigh of P.W. 1, who was caught and hold tightly by A2. At the time when P.W. 2 intervened, A2 with M.O. 2 attacked upon him on his head; his right shoulder and right leg knee. The deceased, Murugesan, intervened and Al stating that he must die and with that, attacked on the back side of his head with M.O. 1. The brain came out. Deceased was bleeding through his nose and mouth. Struck by the aforesaid blow the deceased fell down, upon which A1 and A2 started kicking the deceased. P.W. 3 intervened to prevent A1 from further assaulting deceased. A2 with M.O. 3 bamboo stick attacked P.W. 3 on his left forehead and shoulder, resulting in the left eye of P.W. 3 getting congested. Thereafter, A1 and A2 ran away from the scene of occurrence. P.Ws 1, 2 and the deceased were taken by P.W. 5 and two others in a bullock cart to the Government Hospital at Arani The Medical Officer, who was later on examined as P.W. 10, examined P.W. 1 and found a number of injuries on his person. He also examined P.W. 2 and found a number of injuries on his person as well. P.W. 3 was also examined in the Government Hospital and on such examination a number of injuries were also found on his person. All the injuries found on P.Ws 1, 2 and 3 were recorded in the accident register, which is marked as Exhibit P. 12. Intimation, Exhibit P. 13, regarding the admission of P.W. 1, P.W. 2 and the deceased in the Hospital was also sent to police station at Arani. On receipt of the aforesaid intimation, Exhibit P. 13, from the Government Hospital the police started investigation and examined P.W. 1 and recorded a statement from him, which is marked in this case as Exhibit P.1. The same stood registered in crime No. 185/91 for offences punishable under Sections 341, 324, 325 and 307 of the Indian Penal Code, 1860 (for short 'IPC'). Exhibit P. 26 is the F.I.R. During investigation the investigating officer examined number of witnesses and recorded their statements and also went to the scene of occurrence from where he recovered M.Os. 7 and 8. As the condition of the deceased was serious, he was referred to the Government Hospital at Vellore and on 9.45 p.m. on 01.06.1991, he was admitted in the Government Hospital at Vellore. Deceased succumbed to the injuries sustained by him at 3.50 a.m. on 02.06.1991. On receipt of the aforesaid death intimation, the investigation officer, P.W. 15 altered the section of offence to Section 302 IPC. On conclusion of the enquiry, he submitted a charge sheet as against both the accused, persons. During trial P.W.1, who is father of P.W. 2, P.W. 5 and deceased, as also P.W. 2 to 17 were examined as witnesses. On conclusion of the trial, the learned trial court found both the accused guilty of the offences charged against them. A1 was sentenced to undergo imprisonment for the offence punishable under section 302 IPC and A2 was sentenced to undergo life imprisonment for the offence punishable under section 302 read with Section 34 IPC. They were also sentenced to imprisonment for six months each under Section 427 and Section 448 IPC. A1 was also held guilty under Section 307 IPC and A2 under Section 307 read with Section 34 IPC and sentenced to undergo imprisonment for three years. They were also directed to pay a fine of Rs. 1000/- and in default thereof both the accused were directed to undergo imprisonment for one year additionally. A2, in addition to the abovesaid, was also held guilty under Section 323 and Section 324 IPC and sentenced to undergo imprisonment for six months and one year respectively. All the sentences were ordered to run concurrently.
(3.) Being aggrieved by the aforesaid judgment and order passed by the trial court an appeal was filed by both the accused before the High Court of Madras, which was heard by a Division Bench of the said Court. The High Court allowed the appeal and set aside the judgment and order of the trial court and acquitted both the accused of all the charges.;