ARUMUGAPANDI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition coming on for orders upon perusing the petition and the memorandum of Grounds in Criminal. Appeal Case Number III of 2003 on t he file of the High Court and upon hearing the arguments of M/s. N.S. Sudharsan. Advocate for the petitioner and of Mr. Y.M.R. Rajendran. AddI. Public Prosecutor on behalf of the respondent, the court made the following order: The petitioner is Al in Sessions Case No. 290 of 2000 on the me of the learned Principal Sessions Judge. Tuticorin and he seeks bail.

(2.) The allegation against the petitioner is that he stabbed the deceased in the case with a trident at 5.00 p.m. on 20/10/1998. The occurrence was witness by P.W. 1 who turned hostile.

(3.) The learned Counsel appearing for the petitioner submits that since P.W. 1 turned hostile the evidence of P.Ws. 2 and 3 that they were informed by P.W. 1 that the petitioner attacked the deceased cannot be accepted as the said evidence is hearsay in nature and further their evidence is also not supported by the earliest statement given by P.W. 1 to the investigating officer as according to the investigating officer P.W. 1 did not inform him that after the incident he went and informed P.W. 3 that the petitioner attacked the deceased. The learned Counsel, therefore, submits that In the absence of any legal evidence the trial judge was not justified In convicting and sentencing the petitioner and that he can be released on bail.