SELVAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed by the accused, who is the appellant herein, challenging the Judgment of the Additional District and Sessions Judge / Fast Track Court No.III, Madurai, dated 27.02.2007 in S.C.No.591 of 2006.

(2.) The Inspector of Police, Anna Nagar Police Station, Madurai in Crime No.235 of 2006, had filed a final report against the accused stating that the defacto complainant Karunakaran, who was a driver in the Dilip Transport and the accused who was a transport agent in Sivaram Transport, had disputes between them with respect to boarding of passengers into the bus and that the bus did not start at the right time. It is further stated that, earlier, the defacto complainant assaulted the accused and there was a case pending against the defacto complainant. Owing to such enmity, on 04.03.2006 at about 07.35 pm, with an intention to murder the defacto complainant, the accused came with a knife and stabbed him on his left side neck and left side shoulder, he also abused the defacto complainant in a filthy language. On a complaint being preferred, the Inspector of Police conducted investigation and filed a charge sheet against the accused.

(3.) During trial, the prosecution had examined 10 witnesses and marked Exs.P1 to P9 and MOs.1 and 2. It is seen that the defacto complainant, Karunakaran examined himself as PW1 and stated about the dispute with the accused. He further stated that the accused came with a knife on 04.02006 at Maatuthavani bus stand and assaulted him by abusing him in a filthy language, and thereafter, he was admitted in the Government hospital and given treatment for 16 days. Subsequently, he also took treatment in a private hospital. Ex.P1 is the complaint given by him. As a matter of fact, during the trial, he stated that Knife MO2 was not the knife used by the accused. MO1 was the bloodstained shirt.