BABU Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Appellant Nos.1 and 2 are arrayed as 1st and 2nd accused respectively in SC No.249 of 2006 on the file of Assistant Sessions cum Chief Judicial Magistrate, Vellore. They stood charge for the offence under section 342, 307 and 307 r/w 34 IPC. By a Judgment dated 07.10.2010, the trial Court convicted the 1st accused under Section 342 IPC and sentenced to undergo rigorous imprisonment for 1 year. Further he was convicted under Section 307 r/w 34 IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default to undergo rigorous imprisonment for 1 year. In regard to the 2nd accused, the trial Court convicted him under section 307 of IPC and sentenced to undergo Rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default to undergo Rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellants are before this Court with this Criminal Appeal.

(2.) The Case of the prosecution in brief is as follows:-

(3.) On the same day, on receipt of information from CMC Hospital, PW 14 Haridoss, the then Sub Inspector of Police, Villupuram Police Station went to the Hospital, for receiving complaint from PW 2, since the injured was in unconscious stage, he examined PW 1 and recorded the statement under Ex.P.1. Subsequently, he returned to the Police station and registered a case in Cr.No.34 of 2006 under section 307, 342 and 294(b) of IPC. Ex.P.8 is the printed First Information Report. After registration of the case, he despatched the First Information Report to the Court and handed over the copy of the First Information Report to the Inspector of police for investigation.