SIVAJI Vs. STATE

JUDGEMENT

(1.) The appellants are A.1 & A.2 in S.C.No.20 of 2013, on the file of the learned District & Sessions Judge, Nagapattinam. A.1 stood charged for offences under Sections 294(b) & 302 I.P.C. A.2 stood charged for offences under Sections 294(b) & 302 r/w 34 I.P.C. By judgment dated 16.09.2015, the trial Court convicted and sentenced A.1 to undergo simple imprisonment for two months and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for one week for offence under Section 294(b) I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for two years, for the offence under Section 302 I.P.C. The trial Court convicted and sentenced A.2 to undergo simple imprisonment for two months and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for one week for offence under Section 294(b) I.P.C., and though a charge under Section 302 r/w 34 I.P.C., has been framed against A.2, the trial Court convicted A.2 for offence under Section 324 I.P.C., and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for three months. The trial Court has ordered the above sentences to run concurrently. Challenging the said conviction and sentence, the appellants/A.1 & A.2 are before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) When the deceased was undergoing treatment, at Thanjavur Medical College and Hospital, the then Special Sub Inspector of Police (P.W.6), went to the hospital and recoded the statement of the deceased and on returning to the Police Station at 10.00 am on 02.11.2012, he registered a case in Crime No.456/2012 for offences under Sections 294(b), 324 & 307 I.P.C. Ex.P.1 is the complaint and Ex.P.7 is the F.I.R. He forwarded both the documents to Court which were received by the learned Judicial Magistrate at 6.45 pm on 02.11.2012.