P. SURESH Vs. STATE

JUDGEMENT

(1.) There are two accused in this case. The first accused stood charged for offence punishable under Ss. 294(b), 307, 323, 325 and 506(i) IPC and the second accused stood charged for offence punishable under Ss. 294(b), 307, 323, 325 and 506(i) r/w 34 IPC. Both the accused were found guilty by the trial court and they were convicted and sentenced to undergo simple imprisonment for seven years each with a fine of Rs.5000.00 each, in default to undergo 3 months simple imprisonment each for offence under Sec. 325 of IPC and sentenced to undergo simple imprisonment for Ten years each with a fine of Rs.5000.00 each, in default to undergo simple imprisonment for three months each for offence under Sec. 307 IPC. The accused were acquitted of the offence under Ss. 294(b), 323 and 506(i) r/w 34 IPC. Aggrieved by the said verdict of the trial court, the accused have come forward with this criminal appeal seeking to set aside the conviction and sentence imposed on them by the trial court.

(2.) The case of the prosecution is as follows:-

(3.) Diffuse swilling/tenderness + left forearm Lower 1/3rd Forearm Bones ortho opinion. After giving first aid, the said person was referred to Government Hospital, Vellore for further treatment. The Accident Register issued by him is produced as Ex.P4. The other Doctor, Manikandan, who treated the victim while deposing as P.W.8 stated that on 3/6/2008 while he was on duty in CMC Hospital, Vellore at 6.30 p.m., he examined P.W.1 Subdullah and took X-ray and C.T. Scan and blood test. As per C.T. Scan report there was a blood clot in P.W.1's head and there was a fracture on the right side head. Thereafter, on 7/6/2008, a surgery was done on the head of P.W.1 and he was discharged on 9/6/2008. He opined that the injuries suffered by him is grievous in nature and the wound certificated issued to the victim is Ex.P5.