SELVAM ALIAS CEYLON SELVAM Vs. STATE

JUDGEMENT

(1.) THE challenge in this criminal appeal is the conviction and sentence suffered by the accused in S. C. No. 48/95 on the file of the principal Sessions Judge, Dindigul.

(2.) THE Inspector of Police, Dindigul Police Station, by filing a final report, compelled the accused/appellant, to face the trial, for an offence under Sections 420 and 302 I. P. C. on the grounds, that the accused had borrowed a sum of Rs. 3,000/- from one Sandhiyagu, that later on, when the dispute had arisen between the accused and Sandiyagu, regarding the nonpayment of the amount, the accused in order to cheat the deceased and with an intention to commit murder, assaulted him on 22. 4. 1994, during mid night, and in this view, he should be dealt with appropriately.

(3.) ON the following grounds, a strenuous argument was made by the learned counsel for the accused/appellant, to dislodge the findings of the trial court, causing abrasion and dark cloud over the prosecution case, that (1) The motive part leading to the alleged incident has not been proved. (2) The oral evidence of P. Ws. 1 & 2 is highly artificial and unbelievable, (3) The arrest and recovery said to have been made in this case must be false, even to the knowledge of the investigating officer. (4) Important independent witnesses said to have been present at the time of the alleged incident have not been examined, including the lorry driver, who helped P. Ws. 1 & 2 to bring the injured to the hospital. (5) There is an inordinate delay in the F. I. R. reaching the court.