BABUJI @ RAHMAN Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.255 of 2012 is the first accused and the appellant in Crl.A.No.214 of 2012 is the second accused in S.C.No.41/2007 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Vellore and they were tried and charged for the commission of offences under Sections 120-B, 302 (1 count as against A1 and 2 counts as against A2), 307, 392 r/w.397 r/w.34 and 449 IPC. The trial Court, vide judgment dated 21.02.2012, found both the accused guilty and sentenced them as follows: <FRM>JUDGEMENT_265_LAWS(MAD)2_2016.html</FRM>

(2.) Factual matrix of the case is as follows:

(3.) The respective learned counsel appearing for the appellants submitted that PW2 initially became unconscious on 31.05.2002 and was taken to the Government Hospital at Gudiyatham and the Accident Register pertain to PW2 was marked as Ex.P15, wherein it has been recorded that PW2 was said to have been assaulted by some unknown persons on 29.05.2002 in the early morning hours in her residence and thereafter she was admitted at Sri Ramachandra Hospital, Chennai on 30.05.2002 and was discharged on 07.07.2002 and the Wound Certificate issued by the said hospital was marked as Ex.P11 and she was the injured eye witness and also related to the first accused and she is the daughter of deceased No.1 and wife of deceased No.2 and she was not examined as witness. The learned counsel appearing for the appellant has drawn the attention of this Court to the evidence of the Investigating Officer, namely PW15 and would submit that in the cross examination he has deposed that he reached the scene of occurrence at about 11.00 a.m. on 28.05.2002 and as per the complaint of PW1, marked as Ex.P1, unknown persons has committed the offences and the reasons for murder have not been stated in Ex.P1 and denied the suggestion that PW1 lodged the complaint through telephone and would further contend that PW2 was initially taken to the Gudiyatham Government Hospital and thereafter to Sri Ramachandra Hospital, Chennai-116 on 30.05.2002 and discharged on 07.07.2002 and when a specific question was put to the Investigating Officer, he admitted that he has taken steps to examine PW2 on 30.05.2002, but the relevant records are not available and denied the suggestion that PW2 gained conscious even on 30.05.2002 and he would further admit that initially PW2 was admitted in Gudiyatham Government Hospital and thereafter taken to Sri Ramachandra Hospital at Chennai for treatment and he has not examined any doctors in both the hospitals.