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4. Since the deceased was feeling giddy and was vomiting, P.W.1 and the relatives of the deceased called for a car in which the deceased was taken to Kumaran hospital at Jedarpalayam for treatment. The doctor attached to Kumaran hospital, upon examining the deceased, pronounced him dead.

Thereafter, P.W.1 and her relatives took the deceased to Paramathi Velur Government Hospital where upon examination, the doctor, pronounced him dead and issued Accident Register, Ex.P-9. Thereafter, P.W.1 went to Jedarpalayam Police Station and lodged the complaint, Ex.P-1.

5541, which was kept concealed in a thorny bush was recovered under seizure mahazar, Ex.P-19 and the same was forwarded to court under Form-95, Ex.P-20. P.W.14 recorded the statement of other witnesses and also P.W.8, the doctor, who attached to Paramathi Velur Hospital, who examined the deceased and pronounced him dead and recorded her statement. After obtaining legal opinion, the section of offence was altered to one u/s 302 r/w 34 IPC and P.W.14 filed the final report against the appellants.

14. It is the further submission of the learned senior counsel that it is the case of the prosecution that initially the deceased was taken to Kumaran Hospital, where he was attended to by the doctor, who pronounced him dead. However, no accident register copy was issued by the said doctor, nor the said doctor has been examined before the court. However, inspite of the fact that the doctor at Kumaran hospital had pronounced the deceased dead, the relatives as well as P.W.1 had taken the deceased to Paramathi Velur Government Hospital, where P.W.8 examined the deceased and pronounced him dead and AR copy, Ex.P-9 was issued. It is the submission of the learned senior counsel that though the police station was hardly about a kilometre from Kumaran hospital and inspite of the fact that the doctor at Kumaran Hospital, according to the prosecution, has declared the deceased dead, however, the relatives of the deceased, without going to the police station had taken the body of the deceased to Paramathi Velur Government Hospital, which act of the relatives and P.W.1 casts a serious doubt with regard to the death of the deceased. https://www.mhc.tn.gov.in/judis  ____________ CRL. A. Nos.70-265/2021

42. In this regard, looking at the deposition of P.W.s 1 to 4, it is evident that the assault on the deceased by the appellants had taken place at about 3.30 to 4.00 p.m. on 9.6.2018 at the house of the deceased. The deceased was initially taken to Kumaran Hospital and, thereafter, taken to Government Hospital, Paramathi Velur, where P.W.8 examined the deceased and pronounced him dead and issued Ex.P-9. A perusal of the accident register, Ex.P-9 reveals that there is a clear recording that the deceased was assaulted by four known persons on 9.6.2018 at about 4.00 p.m. in his home. In this regard, a perusal of the evidence of P.W.s 1 to 3 reveal that after the attack, P.W.1 had taken the deceased in an Omni van initially to Kumaran Hospital and thereafter to Government Hospital and the deceased was produced at the Government Hospital, Paramathi Velur, within a span of 3 ½ hours. The time that could have https://www.mhc.tn.gov.in/judis  ____________ CRL. A. Nos.70-265/2021 taken to enlist the services of an omni van and taking the deceased to Kumaran Hospital and from there to Government Hospital clearly shows that P.W.1 had taken all efforts to save her husband from the said assault, but in vain.