ARPUTHAN Vs. STATE

JUDGEMENT

(1.) The appellant/accused in S.C.No.203 of 2021 on the file of the learned XV Additional District and Sessions Judge, Chennai was convicted by judgment dtd. 16/12/2022 and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 307 IPC, further to undergo two years rigorous imprisonment for the offence under Sec. 324 IPC and no fine sentence imposed by the Trial Court. Against which, the present appeal is filed.

(2.) Before the Trial Court, on the side of the prosecution P.W.1 to P.W.10 were examined, Ex.P1 to Ex.P8, M.O.1 and M.O.2 were marked. On the side of the defence, no witnesses examined and no documents marked.

(3.) The case of the prosecution in short is that on 29/6/2020 at about 8.00 a.m., the defacto complainant Rajendran, his wife/P.W.1/Jamuna along with P.W.2/Rani, a neighbour were sitting in front of their house in veranda and were talking, at that time the appellant/accused who is residing in the opposite house came with a hammer and attacked P.W.1 on her head uttering 'xxx xxx'. When P.W.1 attempted to ward off, her left index finger got injured and fractured. Her husband/defacto complainant who came to her rescue was inflicted with a cut injury on his left ear and thereafter, the appellant fled from the scene of occurrence. Thereafter, the defacto complainant called his friend Narasimman/P.W.6, who came in an auto took the defacto complainant and P.W.1 to Royapettah Government Hospital where P.W.8/Casualty Medical Doctor gave treatment to both P.W.1 and Rajendran, recorded injuries in the Accident Register/Ex.P4 and Ex.P5. Thereafter, the defacto complainant went to the respondent Police Station, lodged a complaint/Ex.P1 with P.W.9, who registered the FIR/Ex.P6. P.W.9/Sub-Inspector of Police after registration of the case, sent FIR to the Court and informed the higher officials. P.W.10/Investigating Officer on receipt of the same visited the scene of occurrence, prepared observation mahazar/Ex.P3, rough sketch/Ex.P7 in the presence of P.W.7 and another, seized the hammer/M.O.1 and blood stained piece of cement floor/M.O.2 by Ex.P3/Seizure Mahazar. P.W.10 examined the witnesses present in the scene of occurrence and recorded their statement. Further, P.W.10 after getting opinion and medical report altered the Sec. by alteration report/Ex.P8 and filed the charge sheet before the concerned Court. In the meanwhile, the appellant/accused obtained anticipatory bail and thereafter, the case was committed to the Court of Sessions. The Trial Court on the evidence of the witnesses and the documents and material objects, convicted the appellant as stated above.