ARUMUGAM Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed against the judgment dated 3.1.2003 passed in SC.No.448/2001 by the learned VII Additional Sessions Judge, City Civil Court, Chennai, convicting and sentencing the appellant/A1 for the offence under Section 148 of IPC to undergo two years of Rigorous Imprisonment and for the offence under Section 307 of IPC to undergo seven years of Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default to undergo Rigorous Imprisonment for three months.

(2.) THE case of the Prosecution is as follows:- a. THE injured Govindavelu/PW.2 and his mother PW.1 and the Appellant/A1 and A2 to 6 are residing in the same area at Kalimanpuram, which is situated at the backside of the LIC Building, Anna Salai. On 2.12.2000 at 9.00 p.m., while PW.2 along with PW.3 Danavelu was carrying out repair in his fish cart in front of his house, A1 to A6 came there with deadly weapons and A1 attacked with a knife on the forehead of the injured and on receiving cut injury, PW.2 started running by raising alarm and fell down stumbled by a pillow and at that time, A2 to A6 attacked with knives on different parts of the body of the injured and PW.2 was unable to walk and fell down due to the injuries sustained. PW.3 took him to the Government Hospital, Chennai. THEreafter, PW.1 the mother of the deceased went to the Police Station and gave the complaint Ex.P1. b. PW.7 Doctor Nazir Ahamed on 2.12.2000 at 9.45 p.m. while he was in emergency ward gave first aid to the injured and issued accident register Ex.P6 and found the following injuries on PW.2:-

(3.) THE court below, after hearing the arguments advanced on either side and looking into the materials available on record, found the appellant/A1 guilty and awarded punishments as referred to above and acquitted the other accused, which is challenged in this Criminal Appeal.