SAMIKANNU Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Villupuram, made in S.C.No.155/2009 whereby both the appellants/A-1 and A-2 stood charged under Sections 307 and 302 of IPC, tried, found guilty as per the charges and awarded seven years Rigorous Imprisonment along with a fine of Rs.10000/- and default sentence under Sec.307 IPC and life imprisonment along with a fine of Rs.5000/- and default sentence under Sec.302 IPC.

(2.) SHORT facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further the learned Senior Counsel that both of them were taken to the hospital at the same time; that the deceased was first given treatment by P.W.8, the Doctor, at about 10.05 A.M., and the accident register copy is marked as Ex.P9; that he was advised to be taken to the Government General Hospital, Madras, for further treatment; that it is pertinent to point out that P.W.1 was given treatment by P.W.8, the Doctor, only at about 2.00 P.M.; that it is further pertinent to note that he was actually treated as Out-Patient; but on the contrary, he has deposed that he was in the hospital for a day; and that had he really been treated as O.P., Ex.P1, complaint, could not have been recorded from P.W.1 by P.W.11, the Inspector of Police, at about 3.00 P.M. and the case could not have been registered at 8.15 P.M. as put forth by the prosecution.