CHANDRAN Vs. STATE

JUDGEMENT

(1.) THE appellants are Accused 1 to 5. A1 to A3 have been convicted for the offences sunder Sections 147,341,302 read with 34 and 307 read with 34 IPC and each sentenced to undergo One year rigorous imprisonment for the offence under Section 147 IPC life imprisonment for the offence under Sections 302 read with 34 IPC and to pay a fine of Rs.1,000/-, in default to undergo two years SI and seven years RI for the offence under Section 307 read with 34 IPC. No separate sentence was imposed on them for the offence under Section 341 IPC. A4 and A5 have been convicted for the offences under Sections 147 and 324 IPC and each sentenced to undergo SI for six months for the offence under Section 147 IPC and one year RI for the offence under Section 324 IPC. THE sentences were ordered to run concurrently. Challenging the above conviction and sentence, this appeal has been filed.

(2.) THE facts leading to the conviction are as follows:-

(3.) WHEN we go through Ex.D.1 given by P.W.2, it is clear that there are materials to show that he was in a fit condition to give such a statement. As a matter of fact, the Doctor at Salem Hospital, who attested the document Ex.D.1, has been examined as D.W.5 and the Judicial Magistrate, who recorded the statement of P.W.2 has been examined as D.W.4. The evidence of D.Ws. 4 and 5 would indicate that such a statement had been given by P.W.2 when he was in a fit condition and the statement has been recorded by D.W.4 after observing all the formalities. In our view, this must be the earlier statement given by the injured witness. The contents of Ex.D.1 would make it clear that P.W.2 made a categoric statement that he was attacked by one Chandran with knife, causing injuries all over the body. He did not mention about the attack on the deceased and he did not refer to the presence of other witnesses. There is no reference about the part played by the other accused. As a matter of fact, a reading of the statement, as a whole, would indicate that the occurrence has taken place only in Vadugapatti main road at about 8.45 p.m. on 7.10.2000 in which, he alone was attacked by A1 Chandran.