SEENUVASAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is directed as against the judgment dated 31.10.2012. made in S.C.No.73 of 2011 on the file of the learned Assistant Sessions Judge, Gingee, thereby convicted the appellants for the offences under Sections 148, 307 read with 149 of I.P.C. and sentenced them to undergo 10 years rigorous imprisonment and fine of Rs. 2,000/- each in default to undergo imprisonment for three months simple imprisonment for the offence under Section 307 read with 149 of I.P.C. and sentenced them to undergo three years rigorous imprisonment for the offence under section 148 of I.P.C. Further, convicted the appellants 3 and 4 for the offence under Section 326 of I.P.C. Even though, the appellants 3 and 4 are convicted for the offence under Section 326 of I.P.C., no separate sentence has been imposed in view of the sentence imposed under Section 307 of I.P.C. against A3 and A4.

(2.) The case of the prosecution is that on 19.09.2009 at about 5.30 a.m., when P.W.1 came out from his residence, with the intention to kill him, the first appellant scolded him with filthy language and attacked on his head by billhook; second appellant attacked P.W.1 on his head and back; third appellant attacked him with billhook on his left middle finger; fourth and fifth appellants attacked with stick on his legs and the sixth appellant attacked with iron rod on P.W.1's left wrist and he sustained grievous injuries. When P.W.2 intercepted the attack of the appellants, he also sustained injury on his right wrist and also the appellants attacked him with legs and P.W.2 sustained simple injury. Both were taken initially to Gingee Government Hospital and thereafter, they went to JIPMER hospital at Pudhucherry. On information from JIPMER hospital, P.W.13 received information and recorded the statement of P.W.1 and registered a case in crime No.400 of 2009 for the offences under Sections 147, 148, 294, 324, 323, 506(ii) and 307 of I.P.C. as against all the accused. P.W.13 conducted investigation and filed charge sheet for the offences as stated above.

(3.) The trial Court framed charges for the said offences and the accused pleaded not guilty and pleaded for trial. During the course of the trial, in order to prove the charges, the prosecution examined P.Ws.1 to P.Ws.13 and marked Exs.P.1 to Ex.P.15 and produced material objects M.Os.1 to M.Os. When the accused were questioned under Section 313 of Cr.P.C. about the incriminating evidence against them, they denied the same. On the side of the accused, they examined D.Ws.1 and 2 as defence witness and marked Exs.D1 and D2. Upon considering the oral and documentary evidence, the trial Court convicted all the accused and sentenced them as stated above. As against the said conviction and sentence, the present appeal has been preferred by the appellants/accused.