SUBRAMANIAN Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) The Criminal Appeal has been filed praying to set aside the order passed in S.C.No.137 of 2006, dated 30.11.2006, by the learned Additional Sessions Judge, Fast Track Court No. II, Pattukkottai, Thanjavur District.

(2.) The case of the prosecution is that while the complainant/P.W.1 was sleeping in his thatched shed on 20.05.2003 at 00.30 hours, he heard noise from the western side of the thatched shed and he came out from the thatched shed and saw the accused and two other unknown persons standing outside of the thatched shed and getting down from the two wheeler and while the complainant/P.W.1 enquired the persons, the accused attacked P.W.1/complainant with aruval by saying "VERNACULAR MATTER"and caused head injuries and one of the unknown person attacked P.W.1/complainant on his left leg knee and back of P.W.1 and caused injuries and another person also attacked P.W.1/complainant with knife and stabbed on the back side of P.W.1/complainant and caused injuries and thereby, the accused committed the offence punishable under Section 307 of IPC., as per the recitals of final report laid by the respondent.

(3.) The trial Court after appearance of the accused framed charges against the accused under Sections 307 and 506(ii) of IPC., stating that the accused and two unknown persons wake up P.W.1, while he was sleeping in his thatched shed and the accused attacked P.W.1/complainant on his head with aruval and caused injuries. The accused and other two persons accompanied with the accused on the date of occurrence made a threat with dire consequences showing weapons.