SORATTAIYAN Vs. THE STATE

JUDGEMENT

(1.) THE appellants are arrayed as A.1 to A.5 in S.C.No. 573 of 2006 on the file of the Court of Additional District and Sessions Judge/ Fast Track Court No. II, Madurai. They are stood charged, tried and convicted as follows:

(2.) THE facts leading to the filing of the present Criminal Appeal are stated as follows:

(3.) IT is further submitted by the learned Counsel appearing for the appellants that though according to P.W.1, he was attacked by using of lethal weapons viz., Aruval and also attacked by stick, admittedly the weapons have not been recovered till date and in the absence of recovery of weapons and subjected them to chemical analysis, the nature of injuries sustained by P.W.1 cannot be proved. It is also submitted by the learned Counsel appearing for the appellants, by drawing the attention of this Court to the testimony of P.W.8 that though the occurrence took place on 17.12.1997, the statement under Ex.P.1 was recorded on 18.12.1997 and it was dispatched to the Court only on 23.12.1997 and further that the wound certificate was obtained only on 22.07.1999 and he has failed to explain the reasons as to the belated dispatch of material documents.