RAMAN ALIAS RAMASAMY Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the I Additional Sessions Division, Salem made in S. C. No. 408 of 2006 whereby, the appellants, eight in number, stood charged, tried and found guilty and awarded the punishments as follows:<FRM>JUDGEMENT_1195_TLMAD0_2009Html1.htm</FRM>

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

(3.) ADVANCING the arguments on behalf of the appellants, the learned Senior counsel Mr. V. Gopinath would submit, in the instant case, the prosecution has miserably failed to prove its case. Despite the same, the trial Judge has recorded the judgment of conviction erroneously. In the instant case, admittedly, at the time of occurrence, A1 was severely injured and he was taken to the hospital immediately. P. W. 10, doctor who examined the first deceased and P. W. 1, has examined A1 also. Thereafter, A1 was taken to the Government Hospital, Salem where he was given treatment by P. W. 20 and P. W. 21 doctors and X-rays and scan were taken and were marked as Exs. P. 38, P. 39 and P40 respectively which would clearly indicate that he sustained severe injury and brain was also affected.