S BALU Vs. STATE

JUDGEMENT

(1.) THE petitioner is an accused in Sessions Case No.114 of 1992. He was tried by the learned Additional Sessions Judge for an offence punishable under Sec.307, I.P.C. on the allegation that at about 7.30 p.m. on 26.4.1991 the petitioner cut P.W.1 with a knife and severed the index finger on his right hand. THE occurrence was witnessed by P.W.2, the wife of P.W.1, the victim and P.W.4 a person who was taking tea in the tea stall and P.W.5, the owner of the tea stall where the occurrence took place. After the incident, P.W.1 was taken to the Government Hospital, Tirunelveli and produced before P.W.3, the duty doctor at 8.45 p.m. THE doctor examined the victim and found two grievous injuries. Ex.P-3 is the accident register issued by the doctor in respect of the injuries noted by him. On receipt of the information that the victim is admitted in the hospital, P.W.6, the Head Constable reached the hospital at 9.00 p.m. and recorded the statement, Ex.P-1 given by P.W.1 which was attested by P.W.2. A case in Crime No.421 of 1991 under Sec.307, I.P.C. was registered and Ex.P-5 is a copy of the printed first information report. THE Inspector, P.w.9, took up investigation, who after taking up investigation, drew the rough sketch and also prepared the observation mahazar. He questioned the witnesses and recorded their statements. After completing investigation, the final report was filed against the accused.

(2.) WHEN questioned under Sec.313, Code of Criminal Procedure (Cr.P.C.), the accused denied the incriminating circumstances. The trial Court accepted the prosecution version and convicted and sentenced him to suffer 4 years rigorous imprisonment and also directed him to pay a fine of Rs.1,000 with a default sentence of 3 months simple imprisonment. The appeal preferred by him was dismissed. Hence, the present revision.