RAJA Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred against the order of conviction convicting the appellant to undergo four years rigorous imprisonment for the offence under Section 307 I. P. C.

(2.) BRIEF facts of the case are as follows: In connection with Crime No. 713 of 1998 on the file of h3, Tondiarpet Police Station on 23. 9. 1998 at 7. 30 P. M. P. W. 1 and P. W. 2 along with other constables went in search of the accused. At Avadana Ramaswamy street Junction, they found the accused and tried to secure him. Immediately the accused took a knife from his waist, threatened them not to come closer him because he is a very bad person and aimed to attack P. W. 1. When P. W. 1 warded off with his right hand the blow fell on his right forearm and caused blood injury. P. W. 2 hit the knife by his lathi and the knife fell down. Immediately the accused rushed to a petty shop, took soda and cool-drinks bottles and hurled the same on the road. The shop keepers closed their shops. Men and women who are waiting in the bus stops ran to save their life. The traffic was dislocated. When the police party tried to catch hold the accused he showed the broken soda bottle and threatened with dire consequence.

(3.) MR. Shanmugavelayutham, learned counsel appearing for the accused would contend that this case was falsely registered only as a ground case to detain the accused under the Goondas Act (Act 14 of 1982) and submit that as a routine manner under Section 307 I. P. C the case was registered against the accused and if P. W. 1 is examined to find out the injury sustained by him truth will come out.