TaxTMI 
TaxTMI 
2014 (5) TMI 1214
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the two families. Arumugam assaulted Vellaimmal and her family. As a consequence, Ramasamy, the uncle of Vellaimmal, with whom she had started living after being deserted by her husband allegedly murdered Arumugam, Ramu Thevar and Laxmana Thevar in the year 1981. B. After a gap of about 20 years of the said incident happened in the year 1981, it was alleged that on 30.7.1999, 17 persons including the two appellants unlawfully assembled together with a common object to murder Ramasamy and they came at his house at about 9 P.M. when he was sleeping on a cot outside his house. The accused encircled him and caused indiscriminate cuts over his body using an Aruval which caused instantaneous death. In order to save Ramasamy, his two sons, namely Paulmeli and Vijayasamy intervened and they also got injuries. After committing the offence, accused persons ran away. The matter was reported to the police by one Mr. Setu Raman to Mr. Gandhi (PW.16), the Head Constable of Viracholan Police Station. However, as the incident occurred outside the territorial jurisdiction of the said police station, the said Setu Raman informed the Inspector of Parthi Banoor Police Station at about 11 P.M. who w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....appellants in darkness. More so, there had been material discrepancies in respect of the manner and number of injuries caused by the appellants to the deceased. Thus, the appeal deserves to be allowed. 4. Per contra, Shri M. Yogesh Kanna, learned Standing counsel appearing for the State, has opposed the appeal contending that the parties are closely related. Therefore, Paulmeli (PW.2) turned hostile, but in the examination-in-chief he has named the appellants and attributed them the overt act in participation of murder of his father. There was sufficient light as per the evidence on record and Mallinga (PW.1) could identify the appellants being closely related and well-known even in the darkness. The discrepancy, if any, in the evidence of the witnesses is insignificant as there was no material discrepancy which go to the root of the cause. More so, in a case where a retrial was conducted, the witnesses could not give the same version after a long lapse of time. If some persons had been acquitted disbelieving the deposition of Malliga (PW.1), that cannot be a ground for acquittal of the appellants. The appeal lacks merit and is liable to be dismissed. 5. We have considered the ri....
X X X X Extracts X X X X
X X X X Extracts X X X X
....epth on the dorsal aspect of right hand. The meta carpal bone of right index and middle finger found partially cut and right index finger found missing at the level of metacarpus phelengeal joint. Blood clots found on the wound. 15) An incised wound of 3-1/2 X ¼ x bone depth on the dorsal aspect of left ring finger. All the above wounds found with blood clots." 7. Vijayasamy, the son of the deceased was also injured in the occurrence. He was treated by Dr. Maheswaran (PW.22) and he issued Ex.P.40-Accident Register copy. He found the following injuries: "1) Cut injury back of neck (L) 5 cm x 1 cm skin deep. 2) Cut injury back of left supra 7cm x 7cm x 3cm mandible deep. 3) Cut injury back of left forearm 4cm x 2cm x skin deep." 8. On the same day, Dr. Maheswaran (PW.22) examined Paulmeli (PW.2) and he issued Ex.P.39-Accident Register Copy. He found the following injury: "1) Cut injury back left elbow 7" x 5" exposing bone, with skin deep." M.O.1 is the X-Ray taken for Vijayasamy and M.O.2 is the X-Ray taken for Paulmeli by Dr. Indrani (PW.12), Radiologist. 9. There had been recovery on the disclosure statement of the accused. So far as the present appellants ar....
X X X X Extracts X X X X
X X X X Extracts X X X X
....bmitted that he may not be a trustworthy witness as he is not an independent witness. His evidence revealed that he reached the place after the incident was over and he saw the accused people leaving the place of occurrence. Had he not been a truthful witness he could have definitely improved his version and could depose describing the overt acts of the appellants. Therefore, the submission so advanced has no force. 13. So far as the issue of presence of light at the place of occurrence at the relevant time, the trial court recorded the findings to the fact that there was sufficient light. The High Court reappreciated the evidence and came to the conclusion that admittedly there was light in the facet of the house and there was also street light illuminating the place of occurrence. Even in the observation Mahazar Ex.P-18, the light has been shown. The evidence of Kumareshan (PW.19), the wireman of Electricity Board, was examined to prove the fact that at the relevant point of time, the electricity was in supply at the place of occurrence. There is some discrepancy in the statement of Malliga (PW.1) in this regard but she might have not been able to give exact specific account bei....
X X X X Extracts X X X X
X X X X Extracts X X X X
....)." 17. In State of U.P. v. Ramesh Prasad Misra & Anr., AIR 1996 SC 2766, this Court held that evidence of a hostile witness would not be totally rejected if spoken in favour of the prosecution or the accused but required to be subjected to close scrutiny and that portion of the evidence which is consistent with the case of the prosecution or defence can be relied upon. A similar view has been reiterated by this Court in Sarvesh Narain Shukla v. Daroga Singh & Ors., AIR 2008 SC 320; Subbu Singh v. State by Public Prosecutor, (2009) 6 SCC 462; C. Muniappan & Ors. v. State of Tamil Nadu, AIR 2010 SC 3718; and Himanshu @ Chintu v. State (NCT of Delhi), (2011) 2 SCC 36). Thus, the law can be summarised to the effect that the evidence of a hostile witness cannot be discarded as a whole, and relevant parts thereof which are admissible in law, can be used by the prosecution or the defence. 18. Learned counsel for the appellants submits that in case, on the basis of the same evidence, 15 accused persons had been acquitted, the appellants could not have been convicted. We do not find any force in such a submission for the reason that there may be some exaggeration in depositions of the ....