MURUGAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL appeal preferred under Sec.374(2) of the Code of CRIMINAL Procedure against the judgment of the Principal Sessions Judge, Puducherry, made in S.C.No,56 of 2005 dated 31.3.2008.) This appeal challenges a judgment of the Principal Sessions Division, Pondicherry, made in S.C.No,56 of 2005 whereby the appellants two in number, stood charged under Sections 341 read with 34 and 302 read with 34 of IPC, tried, found guilty as per the charges and awarded one month Simple Imprisonment and life imprisonment along with a fine of Rs.500/- and default sentence respectively.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further the learned Senior Counsel that according to P.W.5, the constable, who was on his way in connection with service of summons, found the severely injured at the place of occurrence, and therefrom he took him to the Government Hospital, Pondicherry, where he was declared dead, and he also gave information to the Inspector of Police who has also recorded the same that the FIR which has been recorded by the Investigating Officer, P.W.16, if looked into, would clearly indicate that the information of P.W.5 has also been recorded, but it did not disclose the name of the assailants that had it been true that within a short span of time, P.W.5 has actually seen the severely injured person at the place of occurrence, he would have informed about the assailants, but not done so that the same would indicate that he was not informed about the assailants and that it would be indicative of the fact that the accused/appellants have nothing to do with the crime in question.