MURUGAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Principal Sessions Division, Pondicherry, made in S.C.No.56 of 2005 whereby the appellants two in number, stood charged under Sections 341 read with 34 and 302 read with 34 of IPC, tried, found guilty as per the charges and awarded one month Simple Imprisonment and life imprisonment along with a fine of Rs.500/ - and default sentence respectively.

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

(3.) ADVANCING arguments on behalf of the appellants, the learned Senior Counsel Mr.Ashok Kumar would submit that in the instant case, the occurrence, according to the prosecution, has taken place at 3.00 P.M. on 3.8.2003 in a public road that the entire case rested upon the evidence of P.W.2 only that according to P.W.2, he went along with the deceased at that time in a motorbike and both of them were actually waylaid by A -1 and A -2 who were armed with iron rods, M.Os.2 and 3 respectively, and they were attacking the deceased, and at that time, both of them fell down that had such an occurrence taken place, P.W.2 could have gone to the rescue of his friend who was being attacked, but not done so and that it is highly curious to note that he did not even go to the police station immediately but, on the contrary, he went to the house of the deceased and informed to P.W.1, which was thoroughly unnatural.