GOBI Vs. STATE

JUDGEMENT

(1.) THE criminal appeal arises out of the judgment of conviction and sentence, dated 19.03.2004, made in S.C.No.209 of 2003, on the file of the Assistant Sessions Court-cum-Chief Judicial Magistrate's Court, Nagapattinam, whereby the first accused was convicted for the offence under Section 307 IPC and sentenced to undergo eight years rigorous imprisonment and imposed a fine of Rs.1,000/- in default in payment to undergo three months rigorous imprisonment.

(2.) THE respondent has filed a charge sheet against the accused stating that on 4.10.2002, at 7.00 p.m., the accused 1 and 2, having intention to murder Vellaiammal, who is residing at Paramanallur Mariamman Koil street, were entered into the house of Vellaimmal and A2 caught hold her and A1 assaulted on her head, back, chest with Aruval/M.O.1 and thereby A1 committed offence under Sections 326 and 307 IPC and A2 committed offence under Sections 342, 307 r/w 34 IPC.

(3.) CHALLENGING the conviction and sentence, Mr.N.Duraiswamy, learned counsel appearing for the appellant/A1 submitted that investigation has been done by P.W.9, who is the Sub-Inspector of Thittacheri police station and there are two complaints. the first complaint was not placed before the Court, hence, F.I.R itself is doubtful and it vitiates the entire case of prosecution. It is further submitted that except the evidence of P.W.1 and P.W.2, other witnesses viz., P.W.3 and P.W.4 are not an eye-witness. Therefore, he prayed for acquittal of A1/appellant.