SUDARSANAN Vs. STATE

JUDGEMENT

(1.) OF the two accused the first accused has filed this criminal revision case. He has been convicted by the trial court under Sec. 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, and this conviction and sentence has been confirmed by the appellate court.

(2.) THE case of the prosecution is that on 9.4.1986 at 8.30 a.m. while P.W.2 Rajakumar was digging for foundation in their land at the place known as Sundavailai tank bund the two accused went there and objected to it, and while second accused caught hold of P.W.2 from behind the first accused cut him at his head with a vettukathi. P.W.1. elder brother of P.W.2. P.W.3 Anandapadmanabhan and P.W.4 Thangaraj who were on the other side of the tank rushed there. THE two accused ran away with the aruval. P.W.1. took the injured P.W.2 in a taxi to Kottar Government Hospital with the help of P.W.5 Rajagopal.

(3.) P.W.11 Cr.l Police Constable went to Kottar Government Hospital and as P.W.2 was unconscious he obtained a statement from his elder brother P.W.1. He registered a case. He sent a copy of the First Information Report to Nithiravilai Police Station within whose jurisdiction the place of incident was situate. P.W.17 Inspector of Police where took up the investigation of the case and after investigation was over he laid charge sheet against the two accused under Secs.341 and 307 read with 34, I.P.C.