RATHINAM ALIAS RATHINASAMY Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Principal Sessions Judge, Srivilliputtur, made in Sessions Case No.155/1998, whereby 26 accused stood charged and tried as follows: On trial, while Accused Nos.8 to 9 and 17 to 26 were found not guilty and acquitted of the charges framed against them, Accused Nos.1 to 7 and Accused Nos.11 to 16 were found guilty, convicted and sentenced to undergo imprisonment as stated under: Thus the convicted accused have challenged the judgment of the trial court.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus.

(3.) THE Court heard the learned Additional Public Prosecutor appearing for the respondent/State. According to him, P.W.1 has given explanation for the injuries sustained by accused Nos.1, 6, 7 and 11 by stating that at the time of occurrence all the villagers heard the distressing cry and came near the place of occurrence and in order to prevent the accused from indulging in any further criminal activities they pelted stones, by which they have caused injuries to the accused persons and added further the lower court relied on the evidence of P.Ws.1 to 4 who are injured eye-witnesses and their evidence also stood corroborated by the medical evidence of P.W.7, the doctor who gave treatment to them and since sufficient explanation was given by P.W.1 in respect of the injuries sustained by Accused Nos.1, 6, 7 and 11, the non-explanation by the Investigator will not in any way affect the prosecution case. He would further submit that once the prosecution placed necessary evidence to indicate that the case was registered on the strength of Ex.P-1, which was written by P.W.11 at about 7.30 a.m. and the same was sent to the police station, based on which a case came to be registered at 9.30 a.m. and the FIR was also despatched to the Court at the very time, without any delay, and since the delay has caused only by the Constable who took the FIR to the Court, it cannot be said that the case of the prosecution was either false or cooked up or it has been brought against the accused. THE lower court by discussing the evidence in detail and giving reasons arrived at a conclusion finding the appellants guilty and hence the appeal has got to be dismissed confirming the conviction and sentence imposed on the appellants.