PANDIAN; ANBAZHAGAN Vs. STATE

JUDGEMENT

(1.) The appellants are A3 and A4 in S.C.No.235 of 2002 on the file of the Additional District and Sessions Judge (Fast Track Court-3), Virudhachalam. They were convicted and sentenced as tabulated below: <FRM>JUDGEMENT_307_LAWS(MAD)8_2016.html</FRM>

(2.) It is the case of the prosecution leading to conviction of the accused, that on 23.07.2000 at about 11.30 a.m, while P.W.1/complainant was working as Inspector of Police at Ramanatham Police Station, Virudhachalam, he, along with Head Constables went for a prohibition raid. While so proceeding for raid in a Jeep near a lake-bund on the Eastern side of Orangur Village, they witnessed the accused persons and others preparing illicit distilled arrack (I.D. arrack). Hence, P.W.1/complainant, along with Police party, surrounded them on that day and arrested and took them to the Police Station; on the way near Orangur Bus Stop, the accused persons including appellants/A3 and A4 and other unidentified accused persons who were subsequently identified on their examination, intercepted the vehicle along with iron pipe and other dangerous weapons with an intention to attack the Police officials and in order to retrieve the accused persons from the jeep, they pulled P.W.1, who was sitting in left front seat of the said Jeep and made an attempt to stab him with M.O.2 knife on his chest. Since P.W.1 moved and escaped from getting stab injury, A3 Pandian pulled out P.W.1 and caught hold of his uniform. A3 attacked P.W.1 with iron pipe on his chest, but P.W.1 moved and escaped from the attack. When A4 Anbazhagan attacked P.W.1 on his head with iron pipe, in order to avoid further attack, P.W.1 managed and moved towards his left and while moving so, the iron pipe hit the right portion of his shoulder and caused internal injury. The other accused persons prevented the driver of the said Jeep from driving the vehicle and another accused Chinnasamy attacked the driver with iron pipe. When the driver moved to avoid attack, the iron pipe hit the right portion of his chest. After this incident, all the accused persons ran away from the place. Subsequently, P.W.1 along with other police officials, came to the Police Station along with the other accused who were earlier arrested and lodged a complaint (Ex.P-1). Thereafter, P.W.1 and the driver of the Jeep were sent to Thittakudi Government Hospital, where P.W.7 Doctor treated them for their injuries. P.W.11 Inspector of Police conducted investigation, examined witnesses, prepared observation mahazar(Ex.P-5), drew rough sketch (Ex.P-8) and recovered the necessary weapons including M.O.1 knife. After completion of investigation, P.W.11 laid charge-sheet against the accused persons. The trial Court framed the charges against the accused persons for the alleged offences under Sections 147, 148, 341, 353, 332 and 307 IPC. The case was taken on file in S.C.No.235 of 2002 and trial was conducted. During the course of trial, on the side of prosecution, P.Ws.1 to 11 were examined, Exs.P-1 to P-8 were marked and M.Os.1 and 2 were produced. When the accused persons were examined under Section 313 Cr.P.C., they denied their complicity in the crime and they neither examined any witness nor marked any document. On an analysis of the oral and documentary evidence, the trial Court convicted the appellants/A3 an A4 as tabulated above and acquitted other accused persons. Challenging the said conviction and sentence, A3 and A4 have preferred this Criminal Appeal.

(3.) When the Criminal Appeal is taken up for consideration, learned counsel for the appellants/A3 and A4 submitted that the occurrence took place in the year 2000, the trial Court convicted the appellants in 2003, on which year, they have preferred this appeal and he submitted that he is arguing only on the question of sentences of imprisonment imposed on the appellants, and not on the merits of the case. He prayed that since 13 years have lapsed from the date of filing the appeal, the sentences of imprisonment imposed on the appellants/A3 and A4 may be modified to the period already undergone by them.