KARTHICK Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants are arrived as A1 to A3, in SC.No.53 of 2010 on the file of the Additional Sessions Judge No.2, Kancheepuram. The appellants stood charged for the offence under section 302 IPC. By Judgment dated 10.10.2011, the Trial Court convicted them under section 304 Part I IPC and sentenced to undergo ten years Rigorous Imprisonment and imposed a fine of Rs. 1,000/- (Rupees one thousand only) in default to undergo six months simple imprisonment. Challenging the said conviction and sentence, the appellants is before this Court with this appeal.

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

(3.) On 31.02009, at about 9.00 p.m., the deceased Shankar and his son Saran Raj returned to the house after completing their regular work. At that time, a dog came from the accused house and admitted to bite the deceased. So, the deceased asked the 2nd accused to tie the dog, encroached over the house of the deceased. The 2nd accused in this case, abused the deceased by using filthy language. Further, the 2nd accused through his leg kicked the deceased on the abdominal area. While so, the 3rd accused Muniammal came and by her hand assaulted the deceased on his nose. Further, the 1st accused Karthik took a black stone and attacked on the abdominal part of the deceased. Due to the attack made by the 1st accused, the deceased fell down near his house. Further, the 1st accused by using another black stone assaulted the deceased on the right forehead. Meanwhile, after seeing, the Raman (P.W.3) who is brother's son of the deceased, all the accused went to their house. Subsequent to that PW-1 and PW-3, admitted the deceased in Chengalpattu Hospital. At that time of admitting the deceased in the said hospital, the time is about 12.00' clock mid night in the said hospital. Meanwhile, on the day of occurrence at about 9.30 hours PW-6, Vijaybanu admitted the injured as an in-patient in Chengalpattu Hospital and noticed the injuries found on his body. In this regard, he issued AR copy under Ex.P. Subsequently, the injured was referred to the Government General Hospital for further treatment. Next day early morning at about 4.00 pm, PW-11 Duraisamy, the Sub Inspector, Uttiramerur Police station came to the hospital and recorded statement from the deceased. Ex.P.1 is the statement given by the deceased. After recording the statement, PW-11 returned to the Police Station and registered the case in Crime No.205 of 2009 under section 294(b), 323, 324 and 506 (2) IPC. Ex.P.10 is the printed F.I.R. On the same day, about about 17 hours, he went to the Scene of Occurrence and in the presence of PW-5, Sarathkumar and one Nagarajan, he prepared the observation mahazaar Ex.P.2. Further he drew the rough sketch under Ex.P.11. At about 18 hours, in the presence of the same witness he recovered two black rocks M.O.1 and M.O.2 under recovery mahazaar Ex.P.2. He also examined PWs-2 to PW-7 and recorded their statements.