GUNASEKARAN Vs. STATE, REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The conviction and sentence passed by the Mahila Court, Cuddalore, in S.C.No.124 of 2017 dated 10.11.2017, is under challenge in this Appeal.

(2.) The appellant belongs to Sathamampattu Village, Silambinathanpettai, Chidambaram Taluk, Tamil Nadu. There was previous enmity between this accused and one Dhanapathi (Banumathi's (P.W.1's) sister's husband). There was a complaint to the Police by Danapathi that the accused had caused damage to his vehicle, Tata Ace, by breaking the mirror. On account of that the accused is stated to have developed enmity. This incident was on 20.11.2016. Two days thereafter, i.e., on 211.2016, at about 01.00 pm, Banumathi (P.W.1) and her mother Dhanam, on the way to the land of Banumathi was crossing the house of Rasathi. At that point of time, the accused waylaid Banumathi and Dhanam and scolded Dhanam saying that if her life is finished, her son-in-law would withdraw the complaint and so saying, with an intention to commit murder, he caused beatings in the right hand by using log and when she fell down, he smashed the head by using rock stone.

(3.) The injured was taken to Cuddalore Government Hospital, from where she was referred to JIPMER Hospital, Puducherry. She was taken to the said hospital by his grandson, Muthukumar (P.W.2). The version before the Doctor was that she was hit by a known person around 12.30 pm. There was swelling in the right hand. There was cut injury to the extent of 2x1x1 cm in the left parietal region. There was inflammation over the right forehand. The accident register copy is Ex.P-5, which was issued by P.W.5-Dr.Jebica.