PRAKASH Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals have been preferred under Section 374(2) Cr.P.C. against the judgment of conviction and sentence passed by the learned Special Court and Principal Sessions judge, Coimbatore made in S.C.No,25 of 2007 dated 10.4.2008 Common Judgment All these three appeals namely C.A.Nos.303, 370 and 423 of 2008 concentrate in challenging a judgment of the Principal Sessions Division, Coimbatore, in S.C.No,25 of 2007. The appellants/accused stood charged, tried, found guilty and awarded punishment as follows: Table

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

(3.) THE learned counsel would submit that in order to substantiate the charges levelled against the appellants, the prosecution marched P.Ws. 2, 4 and 5 as eye witnesses. From their evidence, it would be quite clear that they not only belonged to the community of the deceased but also they were close friends and relatives and their houses are situated very nearby to the house of the deceased. While those witnesses claim that they saw the occurrence in which the deceased was severely beaten by the accused and took him to his house since he could not walk, they left him in the street itself even without informing to the parents or relatives of the deceased, which by itself would clearly indicate to the fact that P.Ws. 2, 4 and 5 would not have seen the occurrence at all. P.W.1 though not an eye witness would claim that at about 10.00 p.m., he took the deceased to a private clinic of P.W.3 doctor where P.W.3 gave initial treatment. P.W.3 has categorically stated in his evidence, it was told that the deceased fell down and sustained injuries.