GOPI; VEERAKUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused 1 and 2 who are aged 36 and 28 years respectively, at the time when this appeal was filed in the year 2011. Both the accused were found guilty of the offences under Section 342 r/w 34 IPC and Section 307 r/w 34 IPC and both of them were ordered to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.500/- each in default to undergo 3 months simple imprisonment for the offence under Section 342 r/w 34 IPC, and they were ordered to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.500/- each in default to undergo 3 months simple imprisonment for the offence under Section 307 r/w 34 IPC and both these sentences were ordered to run concurrently.

(2.) According to the case of the prosecution, on 13.05.2010, at about 11.15 p.m., P.W.1 and his friends Subramanian and Rajkumar were attending the temple festival of Soormakaliamman at Surapallam Village. The accused Gopi and Veerakumar (appellants herein) came nearby to them and said that if P.W.1 is eliminated, A-1 will be the great person in the village. P.W.1 is stated to have suffered cut injury on his right hand and also right elbow, but which was aimed at his head. It is alleged that P.W.1 thwarted the cut by using his hands. It is alleged that P.W.1 took treatment in the hospital and the nature of injuries is spoken to by the Doctor. During the questioning, with regard to incriminating evidence, the accused persons have stated that in respect of the incident, they have also preferred a complaint to the Pattukottai Taluk Police Station on 06.02.2010 against the P.W.1 under Sections 294(b), 324 and 506(ii) IPC. The consistent case of the appellants herein is that false complaint has been registered against them and the complaint preferred by them has not been investigated properly by the Investigating Officer.

(3.) In order to support their contention and to establish it is they who got injured in the incident and not the prosecution witnesses, the Head Constable has been examined as D.W.1 and Exs.D1 to D3 were marked on the side of the accused.