SEKAR Vs. STATE

JUDGEMENT

(1.) THE appellants, five in number, have challenged the judgment of the learned I Additional Sessions Division, Krishnagiri, made in S.C.No.164 of 2002, whereby, the appellants/accused stood charged as follows: -

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: -

(3.) IN the instant case, the deceased, who is the husband of P.W.2, died in the incident that took place on 8.11.1997 at about 8.30 a.m. P.Ws.2 to 4 have been examined as eye witnesses. P.W.4 was an injured witness. Though P.W.3 claimed to be an injured in the course of the same transaction, no medical evidence was placed before the Court nor a charge was framed to that effect. It is settled principle of law that in a given instant case, where one of the witnesses is an injured witness, unless there are strong circumstances, the evidence of the said witness cannot be destroyed. IN this case, P.Ws.2 and 4 categorically narrated the incident that on hearing the cry of P.W.3, they went to the place, where they saw A-1 and the deceased quarrelling with each other, and in that quarrel, A-1 attacked the deceased with a crowbar on the head, A-3 with a stick and A-2, A-4 and A-5 attacked the deceased with hands and thereafter, the deceased fell down. IN the course of the transaction, in order to save her father, when P.W.4 intervened, A-1 attacked her with a crowbar and she also sustained injuries. All these witnesses have clearly spoken to the incident in one voice.