RAVI Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises against the conviction sentence made in s.C.No.53 of 2002 on the file of the Fast Track Judge, Pudukkottai District, dated 29.01.2003 convicting the appellants/accused offence under Section 452 and 307 of I.P.C., to set aside the order of conviction and to acquit the appellants/accused 1 to 3.

(2.) THE case of the prosecution in brief is as follows: - P.W.1/de -facto complainant lodged a complainant with the respondent police / Sub Inspector of Police, Karumbakudi Police Station, who came to the Government Headquarters hospital, Pudukkottai, wherein the complainant was admitted as in patient. He stated in his complaint as follow: - He is living of Pattathikadu village and is occupied in agricultural operations and at the same time also occupying the position as village president. On 01.11.1997 all the 3 accused came to his residence at about 09.00 p.m. while he was sleeping and attacked him with aruvals. Due to previous enmity the accused 1 and 2 and the complainant he was assaulted. The same incident was witnessed by No.1Rangaswamy S/o Rajagopal, No.2 Chinnammal W/o complainant, No.3 Mrs.Perianaghi W/o Doraiswamy, No.4 Ayyaivoo S/o Govindaswamy, No.5 Balakrishnan S/o Doraiswamy and No.6 Thadasamy S/o Periya swamy. The P.W.1/de -facto complainant had further narrated that accused NO.1 Ravi, was seized by the above mentioned witnesses. The other two accused fled. The said complaint was registered by police in Crime No.529 of 1997 an alleged offence under Section 452, 324 and 307 of I.P.C. The same was registered on 02.11.1997 at about 05.30 a.m.

(3.) ON the side of the prosecution, 11 witnesses were examined and 11 documents were marked, 12 material objects were produced. P.W.1 had adduced evidence stating that he is occupied in a agricultural operations and also holding the position of Village president, P.W.2 his wife, P.W.3 is sister -in - law, P.W.4 hisbrother -in -law, P.W.5 one Sundaram neibour, P.W.6 resident of the same village, P.W.7 Dr.Ravi Kumar, P.w.8 also from the same village, P.W.9 Inspector of Police, P.W.10 Sub Inspector of Police, P.W.11 Inspector of Police. The documents are as follow: -