JEEVA Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Coimbatore made in S.C.No.18/2007 whereby the appellants six in number, stood charged, tried and found guilty as follows:

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows: (a) P.W.1 was the native of Kamarajar Nagar, Tiruchirappalli. On 20.3.2006, when Ayyappan called him for some

(3.) ADDED further learned counsel, though the F.I.R. is claimed to have come into existence on the strength of Ex.P1 report, it has reached the Judicial Magistrate concerned on the next day morning at 9.00 a.m. Thus, the delay in the F.I.R. reaching the Court coupled with the statement given by P.W.1 to P.W.11 as found in the accident register and wound certificate would clearly indicate that Ex.P1 document should have come into existence only later. The statement recorded by the doctor is the earliest in point of time. There is no explanation to the effect how this had happened. From the earliest document, viz., the copy of the Accident register and also the wound certificate of P.W.1, it would be quite clear that the persons who attacked P.W.1, P.W.2 and the deceased remain unknown.