THANGAPANDI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment and Order, dtd. 31/7/2018 passed by the learned Additional District and Sessions Judge, (FTC), Theni, in S.C. No.157 of 2016, wherein the Appellant was convicted for an offence under Sec. 302, IPC and sentenced to undergo Life Imprisonment and to pay a Fine of Rs.5,000.00 in default, to undergo Simple Imprisonment for six months.

(2.) The case of the Prosecution runs thus:

(3.) Mr. A. Prasanna Rajadurai, learned Counsel appearing for the Appellant would submit that there was a contradiction version between the Witnesses regarding the registration of FIR and the causing of the injuries and also the material Witness-Koolpandi was neither examined nor furnished any reason for his non-examination during the trial and he is the competent Witness, who speak about the genesis of the occurrence. Further, he specifically contended that there was a contradiction between the version of the Complainant and the remaining Witnesses in respect of the manner of the assault and the injuries. Further, there was a difference between the contents of the Complaint and evidence of the Complainant and hence, the nonexamination of the scribe of the Complaint was fatal to the prosecution and the same creates doubt over the Complaint version.