[Criminal Appeal No. 341 of 2012]. This appeal, by special leave, has been directed against the judgment and order dated 30.07.2010 passed by the High Court of Judicature at Madras in Criminal Appeal No.1030 of 2003, whereby the High Court allowed the criminal appeal filed by respondent No.1 herein and acquitted him. The facts of this case, as unfolded by the prosecution, are that the appellant (PW1) was running a Soda Factory under the name and style of "Suvai" and the 1st respondent herein was also running a Soda Factory under the name and style of "Rusi". As the soda bottles of the 1st respondent were said to have been used by the appellant, their relations were strained and consequently there was enmity between them. On 13.04.2002 at about 9.00 pm, when the appellant (PW1) was talking with Nedunchezhian (PW2), Iyengar (PW4) and Ramesh (PW5) at the Bus Stand near the Ladapuram Mariamman Temple, accused Nos.1 to 6 came there and accused No.1 (1st respondent herein) questioned the appellant as to how the soda bottles from his factory had come to the appellant's factory. Soon the argument between them grew hot and the appellant was surrounded by accused Nos.2 to 6.
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