R. MURUGESAN Vs. STATE

JUDGEMENT

(1.) THE accused 1 and 2 who were tried and convicted for the offence under Sections 341, 302, 394 r/w 34 IPC by the Additional District & Sessions Court - cum -Fast Track Court No.1, Salem in S.C.No.215/2008 on 28.03.2012, are the appellants before us.

(2.) IT is the case of the prosecution that on 20.03.2008 at around 4.00 p.m. when Dhanakodi [deceased] was returning from his sister Mallika's [P.W.1] house, he was wrongfully restrained by the appellants and A1 attacked him with a cricket stump on his head and both the appellants took away his motor cycle TVS Max 100 and went away.

(3.) IT is the case of Mallika [P.W.1] and Selvam [P.W.2] that they took Dhanakodi to the nearby Naveen Hospital for giving treatment. The fact that Dhanakodi was taken to Naveen Hospital at around 5 p.m. on 20.03.2008 has been established through the evidence of Dr.Nandini [P.W.11]. Dr.Nandini [P.W.11] has given first aid to Dhanakodi and has referred him to Salem Government Hospital for further treatment and scan. In the cross examination of Dr.Nandini [P.W.11], initially she stated that Dhanakodi did not tell her as to how he sustained the injuries. According to Dr.Nandini [P.W.11], Dhanakodi was conscious. The doctor who treats a patient will first ask him as to how he sustained the injuries so as to get an idea as to what sort of treatment that can be given to him. This enquiry can be used only for that purpose, but strangely, that was also not asked to Dhanakodi by Dr.Nandini [P.W.11]. In the course of cross examination, she admitted that she told the police that Dhanakodi told her that he was attacked by some known persons. This is a serious omission which amounts to a contradiction and is not hit by the bar contemplated by Section 162 Cr.P.C. The Inspector of Police [P.W.16] has also stated that Dr.Nandini [P.W.11] told him that Dhanakodi told her that he was assaulted by known persons. Mallika [P.W.1] and Selvam [P.W.2] did not take Dhanakodi to Government Hospital, Salem and instead took him to Sri Gokulam Hospital, Salem, where Dr.Sridhar [P.W.14] examined him and recorded in the Accident Register [Ex.P23] that,