BOOPALAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed against the sentence and conviction passed by the Additional District and Sessions Judge (Fast Track Court No.III) Chennai dated 29.06.2010 convicting the appellants under Sections 341, 324, 326, 307 read with 34 of IPC, sentencing the appellants to undergo 6 months imprisonment for the offences under Section 341 IPC, for the offence under Section 324 IPC to undergo 2 years Rigorous Imprisonment and further convicted under Section 326 of IPC to undergo 4 years Rigorous Imprisonment and to pay a fine of Rs.5,000/- each, in default to undergo further period of 6 months Simple Imprisonment and further convicted under Section 307 of IPC and sentenced to undergo 5 years Rigorous Imprisonment and pay a fine of Rs.5,000/- each, in default to undergo 6 months Simple Imprisonment and the said sentences are directed to run concurrently.

(2.) The case of the prosecution is that on 09.08.2009 while the defacto complainant PW1 along with his friends Pandi PW2 and Prasath PW3 went in a motor cycle through K.C.Garden, 1st Street to Thiru.Vi.Ka. Nagar Bus Stand. It appeared that Nagathamman Koil festival was celebrated and since the vessels kept on the road were obstructing the passage of the road, PW1 said to have requested the elderly persons standing on the said street to remove the vessels, but the said elderly persons said to have directed to go through another way. In the said conversation, a quarrel said to have developed between the defecto complainant / PW1 and elderly person. During the said quarrel the Appellants to said to have came with knife and shouted on PW1 with filthy language and the 1st appellant attacked the PW1 on his head, neck, hand and leg and caused severe injury. When PW2 and PW3 attempted to prevent, they were also attacked due to which, PW3 sustained injury on his left shoulder and PW2 also sustained injury. On hearing the noise the public gathered and prevented them, since PW1 to PW3 sustained injuries, they were taken up to the Government Hospital at Periyar Nagar for first aid and thereafter, they were referred to Government General Hospital, Chennai.

(3.) On intimation from the Hospital, K9 Inspector of Police / PW9 proceeded to the General Hospital and recorded the statement of the injured / PW1 and registered a case in Crime No.615 of 2009 for the offence under Sections 341, 324, 326, 307 and 506(ii) of IPC and proceeded with the investigation. He visited the place of occurrence and prepared observation Mahazar Ex P2, the Rough Sketch Ex. P10. Thereafter he proceeded to the Government Hospital at Periyar Nagar and recorded the statement of Dr.Vishwanathan PW7 and around 06.00 p.m. on 10.08.2009 he arrested the appellants in the presence of PW5 and one Rajan and recorded the confession statements of the appellants and seized the knife M.O.s 1 and 2 under a cover of Mahazar Ex.P4 and thereafter, PW10 had taken up the investigation, as PW9 was transferred and he recorded the statement of PW1 and PW3 and recorded the statement of PW6 and PW8 /Doctors, who examined the PW1 to PW3. Thereafter, the final report was filed and the case was referred to the Sessions Court by the learned Vth Metropolitan Magistrate, Egmore, Chennai in P.R.C.No.35 of 2010 as a charge leveled against the appellants are triable by Sessions Court.