BALAMURUGAN Vs. STATE, REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 11.05.2011 made in S.C.No.103 of 2011 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Chennai, thereby convicting the appellants for the offence under Section 341 and 307 of IPC and sentencing each of them to pay fine of Rs. 100/- each in default to undergo 2 weeks Simple Imprisonment for the offence under Section 341 of IPC and sentencing them to undergo seven years Rigorous Imprisonment and to pay fine of Rs. 100/- each in default, undergo one month Simple Imprisonment for the offence under Section 307 of IPC.

(2.) The case of the prosecution is that on 05.04.2010 at about 11.30 a.m. when P.W.1-Jayaraj was coming by his bicycle near Door No.10, Yadhaval Street, Aminjikarai, Chennai, the accused with common intention followed in their motor-cycles and dashed his bi-cycle. However, he managed to stop the cycle and he was restrained and the first accused attacked him with Aruval by scolding in filthy language and further scolded that Jayaraj was collecting exorbitant interest. The first accused attacked on his back and the second accused attacked with the knife on the buttocks of Jayaraj to kill him. When, P.W.1 was trying to escape from their hands, the first accused attacked with Aruval on the legs of the said P.W.1. After hearing the noise of P.W.1, public had gathered and immediately the accused flew away from the place of occurrence in their motor-cycles. P.W.8 - Mayan and his son P.W.2 - Manivannan had taken P.W.1 to the Hunde Hospital and had given first aid. Thereafter, he was taken to the Aminjikarai Police Station and lodged a complaint Ex.P1. On receipt of the complaint, P.W.10 - Murugeswari registered the case in Crime No.437 of 2010 for the offences under Sections 321, 324 and 307 of IPC. The F.I.R. is marked as Ex.P9.

(3.) P.W.11 - Inspector of Police took up the case for investigation and went to the place of occurrence and he prepared Observation Mahazar (Ex.P2) and Rough Sketch (Ex.P3). At the place of occurrence, blood stained earth (M.O.5) and sample earth (M.O.6) were seized under Mahazar Ex.P Thereafter, he went to the Government Kilpauk Medical College Hospital and recorded the statement of P.W.1. On 06.04.2010, P.W.11-Inspector of Police at about 9.30 a.m. near Lakshmi Talkies Road, Aminjikarai, arrested the accused before P.W.4 and one Prakash. On the basis of the confession statement, he seized two Motor Bikes and two Aruval M.O.1 under Mahazar Ex.P4. He examined P.W.6-Doctor and received Accident Register (Ex.P7) and found the following injuries: