GOPALAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH the appeals arise from the judgment in S.C.No.49 of 2000 on the file of II Additional Sessions Court, Pondicherry. There were 10 accused in the case. A7 died during trial. A1 to A3 have been convicted under Section 120 B (i) I.P.C. read with 147, 148, 149, 342 I.P.C. and 302 I.P.C. to undergo life imprisonment and slapped with a find of Rs.5000/- each under Section 302 I.P.C. and have also been convicted under other Sections of I.P.C. A1 has preferred C.A.No.90 of 2003 and A2 and A3 have preferred C.A.No.131 of 2003.

(2.) BRIEF facts of the case relevant for the disposal of these appeals are as follows:

(3.) THE entire case of the prosecution is built up on the evidence of P.W.47. But the prosecution has miserably failed to obtain a complaint from P.W.47 who was an eye witness to the occurrence according to the prosecution. Due to the above said infirmities in the investigation, we are of the view that the occurrence would not have been occurred as alleged in Ex.P.1, F.I.R. THEre is no overtact even attributed against A2 and A3 for the injuries caused to the deceased Patrick. Admittedly, A1 was not present at the place of occurrence, as per the evidence of P.Ws.1 to 4.