RAJA Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed against the judgement dated 7. 6. 2002 passed in sc. No. 106/2002 by the learned Additional Sessions Court, Nagapattinam, convicting and sentencing the Appellant for the offence under Section 307 of IPC and sentenced to under go 3 years of Rigorous Imprisonment and to pay a fine of rs. 500/- in default to undergo 3 months Rigorous Imprisonment.

(2.) THE case of the Prosecution in a nutshell is as follows:-a. PW. 1 Velmurugan/injured, one Jothibasu, PW. 5 Nallathambi and PW. 6 Sekar were the employees in the Wine Shop namely Raavana Wines owned by PW. 4 ravindran. The accused is residing near by the said Wine Shop situate at aryanattu Street in Velankanni. On 6. 10. 2000 at about 10. 00 p. m. when the employees were engaged in taking stocks, the accused came there and asked for a quarter bottle of brandy tendering only Rs. 25/- for which the cost price is rs. 50/- and PW. 1 refused to give the brandy for Rs. 25/ -. The accused told him that although PW. 1 is working in the shop situated in his place, but not giving brandy for the accused at the price tendered by him and went away. Within a few minutes, he came again and entered into the wine shop and kicked PW. 1, who came out of the shop. At that time, the accused stabbed him with a broken koli soda bottle MO. 1 on the left neck and as a result of which, PW. 1 started bleeding profusely from the injury. The accused ran away from the scene of occurrence pw. 5, PW. 6, PW. 4 and Jothi Basu have witnessed the said incident. b. PW. 5 took him to the Nagai Government Hospital where he was given first aid and was sent to the Thanjavur Medical College Hospital. He had taken treatment for about 4 months. PW. 4 Doctor attached to the Nagai Government Hospital found the following injuries on PW. 1 and Ex. P1 is the wound certificate:- VERNACULAR (TAMIL) PORTION DELETED c. PW. 3 Doctor attached to the Tanjore Medical College hospital, who gave further treatment to PW. 1, opined that the 1st injury on his neck is grievous, which has resulted in the cut of carotid artery. d. Jothibasu who also witnessed the incident (now working in abroad) lodged a complaint with the Pw. 9 Sub inspector of Police, Velanganni who came to Nagapattinam Government Hospital on receiving intimation and PW. 9 registered a case in Cr. No. 520/2000 under Section 307 of IPC and took up the case for investigation and prepared observation mahazar Ex. P2 and a rough sketch Ex. P7 and arrested the accused near South poigai Nallur Vichimaram Bus Stand and recorded his confession statement in the presence of PW. 8 and seized MO. 1 broken soda bottle under a cover of mahazar ex. P4. Inspector of Police Gurusamy took up the case for further investigation, examined the Doctors and witnesses and recorded their statements and thereafter, pw. 10 Inspector of Police after completing the investigation filed a final report.

(3.) THE case was taken on file in SC. No. 106/2002 by the learned Additional sessions Court, Nagapattinam and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined as many as 10 witnesses and also relied on Exs. P1 to P7 and 1 Material Object.