MANTHOON Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Division, Fast Track Court-V, Chennai, made in S.C.No,427 of 2008 whereby the appellants five in number, stood charged, tried and found guilty under sections 302 r/w 34 IPC and 324 IPC (4 counts) and awarded life imprisonment each and one year rigorous imprisonment each respectively along with fine and default sentences. The sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further learned counsel, P.Ws.2 and 3 were examined by the doctor at about 12.55 p.m. on 21.7.2008 Their statements were recorded by P.w.10 doctor in Ex.P7 and P8 accident register respectively in which they have categorically stated that they were attacked by 5 unknown person. But the F.I.R. at the earlier at 2.00 a.m. in which the names of the assailants, 5 in number, were clearly mentioned. Thus, it would go to show that the police was unable to fix the accused till P.Ws.2 and 3 were actually examined by P.W.10 doctor whose statement was recorded in Exs.P7 and P.8.