CHINNASAMY Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals are preferred under Section 374(2) of Cr.P.C. against the judgment of learned I Additional Sessions Judge, Krishnagiri in S.C.No,294/2004 dated 12.12.2007. COMMON This judgment shall govern these two Crl.A.Nos. 30 and 31 of 2008. Challenge is made to the judgment of the First Additional Sessions Division, Krishnagiri in S.C.No,294/2004 whereby all the appellants along with A9 stood charged, tried and found guilty as follows: First charge: A1, A2, A3 and A9 were found guilty under Section 148 IPC. Second charge: A4 to A8 and A10 to A19 were found guilty under section 147 IPC. Third charge : A1 to A5, A7, A9 and A12 were found guilty under section 302 IPC. Fourth Charge: A6, A8, A10, A11, A13, A14 to A19 were found guiltyunder section 302 r/w 149 IPC. Fifth charge : A2 and A9 were found guilty under section 326 IPC. Sixth charge : A1, A3 to A8, A10 to A19 were found guilty under section 326 r/w 149 IPC. Seventh charge : A7 and A8 were found guilty under section 324 IPC. Eighth charge : A6 and A9 to A19 were found guilty under section 324 /w 149 IPC. Nineth charge : A4 was found guilty under section 325 IPC Tenth Charge : A5, A10 and A11 were found guilty under section 323 IPC. Eleventh charge: A1 to A4, A6 to A9, A12 to A19 were found guilty under section 323 r/w 149 IPC. Twelfth charge : A1 to A4, A6 to A19 were found guilty under section section 325 r/w 149 IPC. Thirteenth charge: A1 was found guilty under section 324 IPC. Fourteenth charge: A2 to A19 were found guilty under section 324 r/w 149 IPC. Fifteenth charge : A5, A10 & A11 were found guilty under section 323 IPC. Sixteenth charge : A1 to A4, A6 to A9 and A12 to A19 were found guilty under section 323 r/w 149 IPC. Seventeenth charge : A2 was found guilty under section 324 IPC. Eighteenth charge : A1, A3 to A19 were found guilty under section 324 r/w 149 IPC. Nineteenth charge : A3 & A4 were found guilty under section 324 IPC Twentieth charge : A1, A2, A5 to A9 were found guilty under section 324 r/w 149 IPC Twenty first charge : A2, A3, A14, A15 and A18 were found guilty under section 323 r/w 34 IPC. TABLE Pending trial, A9 died. Hence, the charges levelled against A9 stood abated.

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

(3.) THE learned counsel would further add, in the instant case, A2, A3, A4, A7, A11, A15, A17, A18 and A19 were all injured. THEy were immediately taken to Krighnagiri Government Hospital. THEy were all given treatment by the doctors. THE accident Register copies were also marked by the prosecution side. It is true those injuries notices were simple injuries but the cut injury were sustained by A11, A15 and A18 as could be seen from the Accident Registrar copies but no explanation was tendered by the prosecution witnesses when the eye witnesses P.Ws. 1 to 4 were examined. THEse witnesses have clearly deposed that no injury was sustained by the accused party. P.W.13 and P.W.14 were also examined as eye witnesses and through them, the prosecution made an attempt to give feasible explanation that the injuries were sustained by the accused side also at the time when the prosecution witnesses threw stones in order to protect themselves. THE learned counsel would further add all these eye witnesses have categorically stated that the investigating officer have not examined them in respect of the injuries sustained by the accused. It would be quite clear that the investigation was not properly done in Crime No,313/2003 which was registered on the complaint given by A11 under Ex.P.39.