DEVABOOPATHI ALIAS MANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) ALL the three accused, who were convicted and sentenced by the Trial Court are before this court by way of appeal. The first accused was convicted for offence under section 304(ii) and section 324 (3 counts) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for four years and one year for each count respectively with usual default sentence. The second and third accused were convicted for offences punishable under section 304(ii) read with section 109 of the Indian Penal Code and were sentenced to undergo two years rigorous imprisonment with usual default sentence.

(2.) ON the side of the prosecution, 17 witnesses were examined and Exs.P1 to P30 were marked. ON the side of the accused, one Thangaraj, Record Clerk of Government Hospital, Pollachi was examined as DW1 and Exs.D1 to D4 were marked. The materials objects were marked as M.O.1 to M.O.15.

(3.) LEARNED Government Advocate (Criminal Side) would vehemently submit that the evidence of PW1 to PW5, the occurrence witnesses in this case, would go to establish beyond any reasonable doubt that not only A1 but also A2 and A3 participated in the occurrence and committed the offences. It is his further submission that the counter attack launched by the prosecution parties as against A1 was spoken to by the prosecution witnesses even during the course of chief examination. As the injury sustained by A1 was negligible and the case was closed, there was no occasion for PW17 to come out with the closure report and the wound certificate of A1. Even otherwise, such a lapse on the part of the investigating agency would not go to shatter the case of the prosecution which had been laid with a stronger foundation. Therefore, he would submit that the Trial Court has rightly returned the verdict as against the accused and sentenced them accordingly.