THANGADURAI @ SATHISH Vs. STATE

JUDGEMENT

(1.) The Appellant/A1 has preferred the instant Criminal Appeal before this Court (as an aggrieved person) as against the Judgment dated 25.09.2014 in S.C.No.16 of 2013 passed the Learned Additional Sessions Judge, Dharmapuri.

(2.) Earlier, the trial Court had found the Appellant/A1 guilty in respect of an offences under Sec. 307 and 294(b) I.P.C. and in regard to the offence under Sec. 307 I.P.C., it imposed a punishment of five years Rigorous Imprisonment upon the Appellant, besides directing him to pay a fine of Rs. 1,000.00, in default of payment of fine, he was directed to undergo further three months Rigorous Imprisonment. In so far as the offence under Sec. 294(b) was concerned, the trial Court directed the Appellant to pay a fine of Rs. 250.00, in default of payment of said fine amount, a default sentence of one month Simple Imprisonment was awarded to him. Further, the period already undergone was directed to be set off under Sec. 428 Cr.P.C.

(3.) Questioning the validity and legality of the impugned Judgment of Conviction dated 25.09.2014 in S.C.No.16 of 2013 passed by the trial Court, the Learned Counsel for the Appellant submits that the trial Court had failed to appreciate that there was a long delay in registering the First Information Report. In this connection, a stand is taken on behalf of the Appellant that inasmuch as the occurrence took place at 4.40 p.m. on 05.01.2011, but F.I.R. was registered only at 2.00 a.m. on 06.01.2011, in spite of the fact that the Police Station is situated just about 300 feet from the scene of occurrence.