SIVA ALIAS SIVARAJ Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions division, Coimbatore, made in S. C. No. 99 of 2007 filed by the appellant shown as a1 who stood charged along with others, ranked as A2 to A7, tried and found guilty under sections 147, 341, 323 r/w 149 (2 counts) and 302 IPC and awarded 2 years rigorous imprisonment, 1 month simple imprisonment, 1 year rigorous imprisonment and life imprisonment along with fine and default sentence respectively. By the same judgment, the trial Court acquitted A2 to A7 in respect of the charges framed against them.

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

(3.) ADVANCING the argument on behalf of the appellant/a1, the learned counsel would submit, in the instant case, the prosecution has miserably failed to prove its case. The trial Judge was not ready to believe the case of the prosecution insofar as A2 to A7 were concerned and made an order of acquittal. The same evidence was available to acquit the accused/a1 who is the appellant herein but the trial Court has taken an erroneous view as against him. According to P. W. 1, he was not only an eye witness but also an injured witness along with P. W. 2. The occurrence has taken place at about 10. 00 p. m. on 17. 10. 2006 but Ex. P1 was given at 12. 45 p. m. on 18. 10. 2006. Thus, there was 15 hours delay in giving a complaint to the police station which was just 7 kms from the place of occurrence. According to the prosecution, immediately after the occurrence, due to fear P. W. 1 ran to the house of P. W. 8 and stayed there throughout the night and the next day, when P. W. 6 and others came in search of him, he informed about the incident and thereafter, P. W. 1 gave a complaint to the Police and hence, there was a delay. The witness who was examined for that purpose was P. W. 8, but, he turned hostile. Thus, the prosecution has not explained the inordinate delay of 15 hours in giving a complaint which is fatal to the prosecution case.