MOHAN Vs. STATE

JUDGEMENT

(1.) THE accused Mohan and Murugan, who were convicted for an offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-, in default, to undergo one year rigorous imprisonment and the second accused who was convicted for an offence under Section 364 of the Indian Penal Code and sentenced to undergo seven years rigorous imprisonment, have preferred the present appeal.

(2.) AS many as 19 witnesses have been examined and 22 documents have been marked on the side of the prosecution. Neither oral nor documentary evidence was let in on the side of the defence.

(3.) PW. 1 has deposed in the chief examination that he had witnessed the whole occurrence. But in the cross-examination, he has fumbled and would say that at the time when he along with his companions went inside the hospital, he found Asirvatham in a pool of blood. PW. 2 has withstood the cross-examination and has spoken about each and every cut injury caused not only by the first accused but also by the second accused. PW. 3 has admitted the presence of PWs. 1 and 2 just before the occurrence. But he turned hostile relating to the occurrence proper. The occurrence took place at about 9. 00 P. M. on 28. 12. 2001. Antonysamy (PW. 4) who is none other than the son of Asirvatham also accompanied PWs. 1 to 3 to the Government hospital at Kumbakonam.