CABRIEAL Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge (Fast Track Court no. II), Pattukkottai, Thanjavur District, dated 01. 11. 2004, made in S. C. No. 44 of 2003.

(2.) THE case of the prosecution briefly stated is as follows: P. W. 1-Jefferson is the resident of Ponnavarayan Kottai. P. W. 2-Punitharaj is his aunt's son and p. W. 4-Juliana Vasanthakumari is his aunt. On 07. 10. 1997, P. W. 1 and P. W. 2 gave a fighting cock used for bull fight to P. W. 5-Ilango, owner of Pattukkottai Rasi medicals to sell the same for Rs. 3,000/ -. P. W. 5 gave Rs. 3,000/-, the price of the cock to Charles, the person who accompanied P. Ws. 1 and2. The amount was not paid by Charles to P. W. 1. When enquired, Charles admitted that he spent rs. 1,500/- out of the sale price of the cock. When P. W. 1 questioned how he could receive the amount payable to him, there was quarrel P. Ws. 1 and 2 with Charles and accused Cabrieal. Then, Charles and accused Gabriel took a wove and left the place.

(3.) ON 07. 09. 1997 at about 11. 30 p. m. , when P. W. 2 was sleeping infront of the house of P. W. 1, the accused Gabriel and Charles attacked him with Aruval. It was seen by P. Ws. 1 and4. Then, P. W. 2 was taken to the Pattukkottai Government hospital. He was examined by P. W. 3-Dr. G. Koothaperumal. Ex. P. 2 is the Accident register issued by P. W. 3. He found the following injuries: