MUTHUPANDI (A) THAVAKKALAI AND ORS Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the judgment by the learned Additional District Judge cum Fast Track Court No.II, Tirunelveli, in Special Case No. 782 of 2000, dated 31.05.2005.

(2.) Accused 1 to 5, who stand convicted for offences under Sections 148 and 307 r/w 149 IPC and sentenced to undergo Rigorous Imprisonment for one year for offences under Section 148 and 7 years Rigorous Imprisonment as also to pay a fine of Rs. 5000/- each, in default of payment of fine to undergo rigorous imprisonment for 1 year, for offences under Section 307 r/w 149 IPC, are the appellants herein.

(3.) The case of the prosecution is that, the accused armed with deadly weapons attacked the injured PW-1 Rajagopal at about 2.30 pm on 06.11.1999 at the bus stop at a village by name Kandavilai, causing multiple injuries. PW-1 survived the gruesome attack, wherein he suffered as many as 12 grave injuries involving fracture of the skull, fracture of bones on both legs as also of the wrist bones. He subsequently suffered amputation of both legs as the consequence of the attack suffered by him. The prosecution had examined 19 witnesses, marked 31 Exhibits and 10 material objects. PW-1 Rajagopal is the person who had suffered the alleged attack at the hands of the accused and he had spoken of the occurrence. He would also inform that on hearing about the incident, his brother PW-2 Mupidathi had taken him to the Government hospital at Kottar in a taxi. PW-2, the brother of PW-1 would depose of having been informed of PW-1 having been attacked and of taking PW-1 to the Government Hospital, Kottar in a taxi. Pws-3, 4, 5, 8 and 14 examined to speak of the arrest and confession of and recovery from the accused have turned hostile. PW-6 is none other than the sister of PW-1 and who was to speak of the motive for the alleged attack on PW-1, also has turned hostile. So have PW-7 & PW-13 who allegedly were witnesses to the mahazar and athatchi.