ARIVAZHAGAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) ACCUSED are the appellants in these appeals. The appellants have come forward with these appeals challenging the judgment dated 12.12.2005 by the learned Additional District Judge, Fast Track Court, Ariyalur made in S.C. No. 24 of 2005 convicting the appellants for the offence under Section 341 IPC sentencing to undergo rigorous imprisonment of one month and to pay a fine of Rs.500/- each in default to undergo one week rigorous imprisonment and for offence under Section 307 read with 34 IPC sentencing to undergo 7 years rigorous imprisonment and to pay a fine of Rs. 1,000/- each in default to undergo six months rigorous imprisonment. The sentence were also suspended and the first appellant was released on bail, pending disposal of the appeal, on executing a bond for a sum of Rs. 10,000/- with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Jayankondam and the second appellant was released on bail, pending disposal of the appeal, on executing a bond for a sum of Rs. 5,000/- with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Jayankondam and on further condition that the petitioners shall appear before the learned Judicial Magistrate, Jayankondam on the first working day of every month at 10.30 a.m. until further orders.

(2.) THE following is the brief account of the prosecution case sans unnecessary details - 2(a) THE second accused is the wife of one Natarajan s/o Chinnadurai. THE said Chinnadurai is the maternal uncle of the de facto complainant, P.W.1. P.W.1 is working as head constable in Jayankondam Police Station. Twelve years back, marriage between Natarajan and Selvi took place but after two years, Natarajan died. Afterwards, the second accused was cohabiting with first accused and they have got a child. Rosy is the first wife of the first accused. For some time, second accused was demanding her share of properties and sreethana articles from the maternal uncle of P. W. 1. P.W. 1, enquired this matter and told her that after the death of her husband, she eloped with somebody else and hence, she could not claim anything and that she may take the sreethana articles given to her. On 15.4.2003, Kuvagam Police came to Poomudayaankudikadu and took Rosy regarding prohibition case. P.W. 1 came there on duty. He was saying that the first and second accused are the real hooch traders and they have to be nabbed. THE second accused heard this and picked up quarrel with him uttering disgraceful words against him and hence he assaulted her. It was later informed to the first accused. On 19.4.2003, he came to his native place, Poomudayaankudikadu Village on one day leave, went to his cashewnut grove and was collecting the cashewnuts. At that time, his uncle Seshaiyan was coming behind him. In front of Kaliyaperumal teacher's house, at about 10.30 a.m., both the accused wrongfully restrained him and the first accused took out an aruval hidden in his body and cut him on his right side head. THE next assault was prevented by P.W. 1 by means of his right hand and hence he sustained injury on the right elbow. While the first accused again attempted to hack him, he took out a cycle chain which he kept in his hip and prevented the assault and snatched the aruval from the first accused. THE second accused poured chilli powder on his eyes and both of them fled away from the scene. Chezhian, Vetriselvan, Suresh and Arivazhagan came there and he was admitted to Jayankondam Government Hospital. With the above details, P.W. 1 gave complaint statement, Exhibit P-1 to the head constable, P.W.7 while he was inpatient in Jayamkondam Government Hospital on 19.4.2003. P.W.7, after recording the complaint, came to the police station, registered case under Sections 341, 324 and 307 IPC and lodged FIR, Exhibit P-9 and sent the same to the Court and copies to the superiors. 2(b) P.W.5, the doctor attached to Jayamkondam Government Hospital examined and treated P.W.I and gave Exhibit P-2 accident register and found the following external injuries - (1) An incised wound measuring 6"x2 1/2" x muscle deep on the right arm above the elbow (2) An incised wound on the right side of scalp measuring 12 cm x 7 cm x bone depth carrying a flesh of cut portion (it looks like english alphabet 'C') cut portion was hanging. (3) An abrasion of 3 x 2 cms on the left knee. 2(c) P.W.4 is the Doctor working in Vinodhagan Hospital, Thanjavur. After P.W.1 was treated in the Jayamkondam Government Hospital, he was admitted to the above said hospital and the doctor P.W.4 working in there treated him and issued E.P4, accident register and Exhibit P-5 wound certificate. Exhibit P-6 is the case sheet maintained for P.W.I in the said hospital and MOs 3 and 4 are the x-rays taken for P.W. 1. It is their opinion that injury No. 2 is a grievous one which is a fracture on the right side parietal bone of P.W. 1 and other injuries are simple in nature. 2(d) P. W.8, the inspector of police took up the case for investigation on 19.4.2003 at 4.00 p.m. He proceeded to the scene of crime, prepared observation mahazar, Exhibit P-10 and drew rough sketch, Exhibit P-11. He seized aruval and cycle chain under cover of mahazar, Exhibit P-12. He examined witnesses and recorded their statements. He examined the doctors also and got wound certificates. On completion of investigation, he laid charge sheet against the accused.

(3.) AFTER analysing the evidence and materials on record, the learned Additional District Judge, Fast Track Court, Ariyalur sentenced the appellants as stated above. Challenging the judgment of conviction, the appellants are before this Court.