SANKARAPANDIAN Vs. STATE

JUDGEMENT

(1.) THE sole accused in S.C.No.10 of 2005 on the file of the Court of II Additional Sessions Judge, Tirunelveli, Tirunelveli District, stood, charged and tried for the commission of the offences under Sections 341 and 326 I.P.C. and also under Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [in short 'S.C & S.T (P&A) Act']. The trial Court, vide judgment dated 16.07.2007, has acquitted him for the commission of the offences under Sections 341 and 326 I.P.C. and Sections 3(1)(x) and 3(2)(v) of the S.C & S.T (P&A) Act , however, found him guilty for the commission of the offence under Section 326 I.P.C and sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for six months. The trial Court also ordered set -off under Section 428 of the Code of Criminal Procedure, with regard to the period of incarceration already undergone by him. The accused aggrieved by the conviction and sentence passed by the trial Court, has filed this Criminal Appeal.

(2.) THE facts leading to the filing of this appeal, are briefly stated as follows:

(3.) MR .V.Kathirvelu, learned Senior Counsel appearing for the appellant/accused has drawn the attention of this Court to the testimonies of the witnesses and documents and would submit that admittedly, P.W.5 - Casualty Medical Officer has treated P.W.1 and the copy of the Accident Register - Ex.P.3 came to be marked, however, the Doctors who subsequently took X -ray and further treated P.W.1, have not been examined at all and in the absence of X -ray, it cannot be concluded that the appellant/accused committed the offence under Section 326 I.P.C.