NATARAJAN Vs. THE DEPUTY SUPERINTENDENT OF POLICE SATHYAMANGALAM

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 28.09.2015 passed in Special S.C. No. 130 of 2014 on the file of the Principal Sessions Judge, Erode Division at Erode.

(2.) It is the case of the prosecution that on 08.03.2012, Kumar [P.W.1], belonging to Hindu Adi Dravidar Community, went along with Murugan [P.W.4] to the house of the latter's relative in connection with "mutton party" and after the party, when they were returning by bicycle back to their village, Natarajan/accused came by his motorcycle in the opposite direction. On seeing Natarajan/accused, Murugan [P.W.4] stopped him and demanded the payment of money due to him, on account of which, a wordy quarrel ensued between the two. At that time, Kumar [P.W.1] interfered and when he tried to separate the duo, Natarajan/accused, suddenly took out a knife from a nearby butcher shop and abusing Kumar [P.W.1] by his caste name, cut him in the thoracic region and after dropping the knife on the spot, ran away. Murugan [P.W.4] took Kumar [P.W.1] to a nearby private hospital from where they were referred to the Government Hospital, Sathyamangalam, where Kumar [P.W.1] was admitted as in-patient.

(3.) The trial Court framed charges under Section 506(ii), 307 IPC and section 3(1)(x) of the SC/ST Act against Natarajan/accused. When questioned, the accused pleaded guilty. In order to prove the case, the prosecution examined 9 witnesses, marked 15 exhibits and 4 material objects. The accused was questioned about the incriminating circumstances under Section 313 Cr.P.C., 1973 and he denied the same. No evidence was adduced on behalf of the accused nor any document marked.