SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) The accused, who was prosecuted for an offence punishable under Section 307 IPC but convicted and sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs. 1,000/- with a default sentence of three months rigorous imprisonment in case of default in payment of fine for an offence punishable under Section 326 IPC by the trial Court, namely I Additional Assistant Sessions Judge, which conviction was confirmed but the sentence was reduced to three years rigorous imprisonment in an appeal preferred by him, namely C.A. No. 50 of 2005, on the file of Additional Sessions Judge (Fast Track Court No. 2), has come forward with the present criminal revision case questioning legality and correctness of the said judgment of the lower appellate Court confirming the conviction recorded by the trial Court for an offence punishable under Section 326 IPC and praying for his acquittal altogether.

(2.) A case was registered on the file of Kadathur police station as Cr. No. 505 of 2001 based on the statement of P.W.I - Vijayalakshmi to the effect that, due to rivalry caused in the local body election in which the nomination of the wife of the revision petitioner to contest the election for the post of President of Kadakkarai Panchayat was rejected by the Returning Officer, the petitioner, with the intention of causing death to the injured (de-facto complainant), splashed Sulphuric Acid on her face at about 8.00 or 8.30 p.m on 4.10.2001 when she was on her way to her house after purchasing milk from P.W.8 - Palaniammal for preparing tea to be supplied to a number of persons who had assembled in her house for having a discussion regarding the strategy to be adopted in the local body election. The case was investigated by P.W.24 - N.Karunakaran, Inspector of Police, Nambiyoor Police Station, i/c Kadathur Police Station. After completion of investigation, he submitted a final report on the file of the learned Judicial Magistrate, Gobichettipalayam against the petitioner herein alleging commission of an offence of attempt to commit murder punishable under Section 307 IPC. The said final report was taken on file by the learned Judicial Magistrate, Gobichettipalayam as P.R.C. No. 15 of 2003 and the case was committed for trial to the Principal Sessions Judge of Erode following the procedure for committing the case involving offences exclusively triable by a Court of Sessions after furnishing the copies of the documents proposed to be relied on by the prosecution in the trial to the accused persons (the petitioner herein). The case was taken on file by the learned Principal Sessions Judge, Erode as S.C. No. 177 of 2003 of the Erode Sessions Division and made over to the Court of I Additional Assistant Sessions Judge, Gobichettipalayam for disposal according to law.

(3.) Necessary charge was framed in the trial Court for an offence under Section 307 IPC and the case was tried pursuant to the plea taken by the accused (petitioner herein) claiming to be not guilty. In order to prove the said charge, as many as 25 witnesses were examined as P.Ws.l to 25, twelve documents were marked as Exhibits P-1 to P12 and one material object was produced as M.0.1 on the side of the prosecution. After the evidence on the side of the prosecution was over, the petitioner herein/accused was questioned under Section 313(l)(b) regarding the incriminating materials found in the evidence adduced on the side of the prosecution, whereupon he claimed them to be false and reiterated his stand that he was innocent. No witness was examined and no material object was produced, but only one document was marked as Exhibit D1 on the side of the accused (petitioner herein).