Ray, J. - (1.) This appeal by special leave is directed against the judgment and order dated 19-2-1981 passed in Criminal Appeal No. 105 of 1980 by the High Court of Judicature at Madras confirming the conviction and sentence passed against the appellant by the Sessions Judge, West Thanjavur Division convicting the accused under section 302 Indian Penal Code and sentencing him to undergo imprisonment for life. The prosecution case is that page No. W. 1, Nagarajan who is a cooly by profession came to the house of Srinivasa Naidu who is living in Nandavanam belonging to Uppiliappankoil at about 5 A.M. on September 20, 1978 to do work in the garden as he was asked by Srinivasa Naidu on the previous day i.e. September 19, 1978 to meet him for doing work in the garden. At that time Srinivasa Naidu was not in the house and so he met the wife on Srinivasa Naidu and enquired of her as to what work he had to attend. At that time he heard a noise emanating from the eastern direction about 200 feet away. P.W. 1 then went towards that part of the garden and found that accused A-1, Kannan with M.O. 1 stick and A-2 , Vahula Bhushan alias Vanula Krishnan with M.O. 2 stick has been beating the deceased Chinnaiyan. There was a gunny bag, M.O. 5 with dehusked coconuts therein at that place. On seeing P.W. 1 the accused A-1 and A-2 stopped beating and dropped the sticks M.Os. 1 and 2 on ground. Thereafter, A-1 took the coconut bag and A 2 caught hold of Chinnaiyan in his left hand and took the crowbar, M.O. 3 which was imbedded in the earth in his right hand. The accused came in front of the house of Srinivasa Naidu where a bullock cart was standing. They then tied Chinnaiyan with a rope, M.O. 4 on the wheel of the said cart. At the intervention of Srinivasa Naidu the accused, A-1 untied the rope. Thereafter, Srinivasa Naidu went inside the house. The deceased, Chinnaiyan entreated that he would never commit any theft and asked for giving him the crowbar, M.O. 3. The accused A-2 then said that he would commit theft of coconuts by using the crowbar and assaulted Chinnaiyan on the right arm above the elbow and also on the right side of the forehead causing stabbing injuries. Blood gushed out of these injuries and the deceased immediately fell down there. On his making signs for water, Srinivasa Naidu brought coffee in a tumbler and P.W. 3 and one Raman poured coffee in his mouth. The deceased after drinking a mouthful of coffee leaned his head and he expired immediately.
(2.) The accused A-1 and A-2 were placed on trial. Accused A-1, Kannan was charged with an offence under Section 302 read with Section 34 I.P.C. and under Section 323 I.P.C. and accused A-2 was charged with the offence under Section 302 I.P.C. P.W. 7, Dr. Jeena Ismath. Woman Assistant Surgeon who did the post-mortem examination on the dead body of the deceased Chinnaiyan found the following injuries on the dead body:- 1. A stab wound 1/2" X 1/4" in size on the right side of forehead 2" below the hair line. 2. An abrasion 2" X 1 " on left side of the face over maxilla. 3. A stab wound on postero medial aspect of right upper arm above the right elbow size 1" X 1/2" X 1/4" deptn. 4. Maematoma on the right knee on the anterior aspect 3" above and 1" below the knee joint. 5. Both testes swollen. 6. Abrasion 1" X 1/4" size in the right side of hip over greater tubacle. 7. Rope markings were found on the back and on both upper arms. There was discharge of blood from the right ear, scrotum was enlarged. On opening only, colourless liquid came out and no blood was found in it."
(3.) On internal examination, P.W. 7 found heart and blood vessels empty. Intestines distended with gas and faces. P.W. 7 found a fracture of 1/2" in size on the right frontal bone. There was extravasion of blood and brain matter was found external to the brain covering dura mater. Sinus was empty. P.W. 7 was of the opinion that the deceased would have died of shock and haemorrhage caused by head injury i.e. injury No. 1. External injury No. 1 with its corresponding internal injury is sufficient to cause death. Injury No. 3 was also sufficient to cause death due to extensive bleeding contributing to the death of the deceased. Injuries 1 and 3 according to P.W. 7 could have been caused by a weapon like M.O. 3 P.W. 7 has further opined that the injuries 2, 4 and 6 could have been caused by beating with sticks like M.Os. 1 and 2 and injury No. 7 could have been caused by the tying of the deceased with M.O. 4. Injury No. 5, as per the opinion of the doctor P. W. 7 is not actually an injury and it could have been due to the deceased having hydrocele. P.W. 7 has further opined that all the injuries were antemortem.;