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2. The short facts necessary for the disposal of this appeal can be stated thus:

The deceased, Kaliyan, was the husband of A-3. A-1 is the brother and A-2 is the father of A-3. P.W.2 is the niece, while P.W.3 is the daughter of the deceased. A-3, her husband, the deceased, and P.Ws.2 and 3 were all living under the same roof. A-1 and A-2 were also living nearby. It is the usual practice of the deceased to come in a drunken mood during night hours and beat his wife, A-3. Then and there, she used to complain about the same to A-1 and A-2 who in turn, used to warn the deceased. On the previous day of occurrence namely 18.10.2000, as usual, in the evening hours, he came in a drunken mood and on that day also, he beat A-3, which was reported to A-1 and A-2. All of them took a decision to do away with him. On 19.10.2000 at about 1.00 A.M., when P.Ws.2 and 3 were sleeping inside the house, the accused came inside and asked them to go out; but, they refused. Immediately, A-1 sat on the chest of the deceased and throttled him. A-2 squeezed the testicles and A-3 was by their side. After finishing the crime, they went away. This was witnessed by P.Ws.2 and 3. A-3 and P.Ws.2 and 3 were sitting outside because they were intimidated by A-1 and A-2 that P.Ws.2 and 3 should not open their mouth. P.W.3 due to fear, informed to P.W.4, a nearby shop owner, who in turn, informed to P.W.5, the Village Menial, at about 9.00 A.M. He informed to P.W.1, the Village Administrative Officer, who went over to the place of occurrence and found the dead body of Kaliyan. Then, he proceeded to Cuddalore O.T. Police Station, where P.W.12, the Sub Inspector of Police was present. At about 1.45 P.M., P.W.1 gave a report, Ex.P1, to P.W.12, on the strength of which a case came to be registered in Crime No. 1090 of 2000 under Section 174(3) of Cr.P.C. Ex.P11, the printed First Information Report, was despatched to Court.

9. The learned Counsel would further add that the medical evidence did not support the case of the prosecution; that the specific case of the prosecution was that A-1 sat on the chest of the deceased and strangulated him, while A-2 squeezed the testicles and A-3 was standing by the side; that no overt act is attributed to A-3; that the medical evidence did not contribute anything as to the overt act attributed to A-2, and thus, it would be clear that A-2 and A-3 had no role to play; that so far as A-1 was concerned, the evidence what was adduced by the prosecution, cannot be found to be enough or sufficient or acceptable so as to take it as a legal evidence to sustain a conviction, and under the circumstances, the lower Court's judgment has got to be set aside.

10. The Court heard the learned Government Advocate (Criminal Side) on the above contentions.

11. The Court paid its full attention on the submissions made, and made a thorough scrutiny of the available materials.

12. The specific case of the prosecution was that one Kaliyan, the husband of A-3, was done to death by strangulation by A-1 and squeezing his testicles by A-2. In the instant case, the evidence as brought forth by the prosecution, was sufficient to find that he died out of homicidal violence. The fact that Kaliyan died on account of homicidal violence was never questioned by the appellants either before the trial Court or before this Court. Hence, without any impediment, it could be safely recorded so.

14. So far as A-2 was concerned, in the instant case, the specific case of the prosecution was that he squeezed the testicles of the deceased; but, the dead body of Kaliyan was subjected to postmortem by P.W.9, the Doctor, who has given his opinion also. A perusal of the postmortem certificate issued by him, does not reveal any injury corresponding to the act of squeezing of the testicles of the deceased by A-2. Thus, it can be well stated that the medical evidence did not support the case of the prosecution in respect of the act of the second accused. Thus, A-2 cannot also be found guilty, and accordingly, A-2 is entitled for an acquittal.