VIJAI Vs. STATE

JUDGEMENT

(1.) The appellant in Criminal Appeal No.237 of 2015 is the Accused No. 2 and the appellant in Criminal Appeal No.602 of 2014 is the Accused No. 1 in S.C.No. 205 of 2013 on the file of the learned Principal Sessions Judge, Sessions Division of Tiruvallur. They stood charged for offences under Sections 449 r/w 34 of IPC and 302 r/w 34 of IPC. The trial court, by judgement dated 29.10.2014, convicted both A1 and A2 under Section 448 r/w 34 of IPC instead of under Section 449 r/w 34 of IPC and under Section 302 r/w 34 of IPC and sentenced them to undergo rigorous imprisonment for six months for offence under Section 448 r/w 34 of IPC and to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each in default to undergo simple imprisonment for six months for offence under Section 302 r/w 34 of IPC. Challenging the above said conviction and sentence, A1 and A2 are now before this court with these criminal appeals.

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

(3.) It is alleged that on 07.11.2012, at about 11.15 a.m., when the deceased and P.W.2 were in the financial establishment, A1 and A2 trespassed into the said concern. A2 held the deceased and A1 stabbed him repeatedly with knife on his neck and abdomen. The deceased fell down in a pool of blood. The occurrence was witnessed only by P.W.2. She raised alarm. P.W.1 and others rushed to the place of occurrence. Then, they made arrangements to take the deceased to the hospital and he was taken to VRM Clini, which is a private clinic at Nehru Bazaar, Avadi. P.W.11, Dr. Kalyanasundaram, examined the deceased at 11.30 a.m. on 07.11.2012. On examination, he found that there were stab wounds on the person of the deceased. The first injury was on the left side of the neck and the second injury was on the left side of the abdomen. The deceased was then unconscious. He was brought by the general public. They informed P.W.11, the Doctor, that the deceased had met with a road accident. P.W.11 suggested that the deceased should be immediately rushed to the Government General Hospital at Chennai. P.W.11, the doctor, then thought of giving first aid treatment. The stab injuries required to be sutured. But, even when suturing was in progress, the deceased collapsed. Ex.P.11 is the accident register. P.W.11, the doctor, informed the same to the police.