SHANMUGAM Vs. STATE REP BY

JUDGEMENT

(1.) Appellants, arrayed as A1 and A2 in the case tried in SC.No.137/2016 on the file of the Court of III Additional District and Sessions Judge, Cuddalore at Vridhachalam, for offences u/s.341, 294[b], 324 and 302 IPC. The Trial Court, under impugned Judgment dated 20.03.2017, found the appellants / accused guilty of the above said offences and awarded sentence, as follows:- <FRM>JUDGEMENT_35_LAWS(MAD)2_2018_1.html</FRM>

(2.) The brief facts of the prosecution case, are as follows:-

(3.) Mr.V.Gopinath, learned Senior Counsel assisted by Mr.L.Mahendran, learned counsel appearing for the appellants/accused would submit that P.Ws.1 and 2 are highly interested witnesses as there exist previous enmity between the deceased and A-1 over the property. Hence, their evidence cannot be relied upon. P.Ws.1 and 2 have falsely implicated the family members of A-1. In the First Information Report, apart from the names of the appellants/accused herein, the name of the son of the accused, viz., Arulselvan @ Iyyappan, is also included. It is the contention of the learned Senior counsel that P.W.1 and P.W.2, had stated to P.W.16-Doctor that three persons attacked with knife and wooden stick and therefore, the evidence of P.Ws.1 and 2 is unreliable and untrustworthy and their evidence is totally interested in nature and is highly doubtful. Further, the learned Senior counsel would submit that the FIR had reached the Court with an inordinate delay and no explanation is offered by the prosecution for such delay. Learned Senior Counsel submitted that insofar as A-2 is concerned, no specific overt act is alleged against her in the FIR. The only allegation made against A-2 in FIR is only that she had attacked the eyewitnesses, viz., P.Ws.1 and 2, with the wooden stick, causing simple injuries. Therefore, it is submitted that once the evidence of the eyewitnesses turns out be unnatural ; interested and unreliable, benefit of doubt is to be given to the accused. Hence, he prayed for allowing of the appeal.