BALASUBRAMANIYAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgement and order passed by the Assistant Sessions (Sub Judge) Court, Nagapattinam in S.C.No.84 of 2012, dtd. 14/10/2015, convicting the appellant for offence under Sec. 307 IPC., and sentencing him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.10,000.00 and in default to undergo one year rigorous imprisonment.

(2.) The case of the prosecution is that there was a previous enmity between the appellant and Chidambaram (PW-1). On 9/12/2011, at about 9.00 pm., when the said Chidambaram (PW-1) walking towards his house and right in front of the house of one Subramanian (PW-3) at Pudupalli Ellai Road, the appellant is said to have waylaid PW-1 and attacked him with aruval (MO.1) on his head, hands and right thigh and caused him grievous injuries.

(3.) PW-2, who is the brother of PW-1 saw PW-1 lying in a pool of blood with serious injuries. He immediately made arrangements to secure 108 Ambulance and PW-1 was taken to the Government Hospital, Nagapattianm. PW-1 was treated by PW-7 and through him the Accident Register was marked as Ex.P-5.