THANIGACHALAM AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No. 99 of 2012 on the file of the learned Sessions Judge, Cuddalore Division, Cuddalore. Both the accused stood charged for offences under Sections 294(b) and 302 r/w 34 IPC. By judgment dated 06.09.2012, the trial Court convicted the first accused for offences under Sections 294(b) and 324 IPC and sentenced to undergo simple imprisonment for three months for offence under Section 294(b) IPC and to undergo three months simple imprisonment for the offence under Section 324 IPC. So far as the second accused is concerned, he was convicted under Sections 294(b) and 302 IPC and sentenced to undergo three months simple imprisonment for offence under Section 294(b) IPC and to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for 15 days for offence under Section 302 IPC. Challenging the said conviction and sentence, the accused/appellants are before this Court with this appeal.

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

(3.) In the meanwhile, on intimation from the hospital authorities, P.W.8, the then Sub Inspector of Police of Kadampuliyur Police Station rushed to the JIPMER Hospital at Puducherry and recorded the statement of P.W.1 on 19.03.2012. Since the deceased was in an unconscious state, P.W.8 could not record any statement from him. On returning to the police station, he registered a case in Cr.No.156 of 2012 at 1.00 p.m. under Sections 294(b), 323, 324 and 307 IPC against both the accused. Ex.P1 is the complaint and Ex.P12 is the FIR. He forwarded both the documents to Court and handed over the investigation to P.W.9., the Inspector of Police, Kadampuliyur Police Station.