A.OORKAVALAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellants/accused 1 to 7 against the Judgment and Conviction imposed by the learned Fast Track Court No.I, Madurai in Sessions Case No.368 of 2007, dated 28.10.2008.

(2.) The case of the prosecution is that on 25.08.2000 at about 21.30 hours, when the injured witnesses were in their house at Ambedkar Nagar, Avaniapuram, Madurai, due to previous enmity, in order to create a problem with the injured witnesses, all the accused gathered with the deadly weapons and attacked P.W.2 and P.W.3 with aruval, stick and axe and caused grievous injuries to the witnesses on the throat, face and lips and other parts of the body and they were immediately brought to the Rajaji Government Hospital, Madurai. The mother of the victim, namely, P.W.1, has given complaint before the respondent police. Based on that complaint, the respondent police register a case against all the accused in Crime No.911 of 2000 and after investigation, they laid charge sheet before the learned Judicial Magistrate No.VI, Madurai. The learned Magistrate has also taken the same on file in P.R.C.No.57 of 2004. Since the offences were triable by the Court of Sessions, the case was committed to the Principal Sessions Judge, Madurai. The Principal Sessions Judge, Madurai, has taken the case on file in S.C.No.368 of 2007 who in turn made over the case to the Fast Track Court No.I, Special Judge, Madurai for disposal. The learned Special Judge, Fast Track Court, after completing the formalities, framed the charges against the accused for the offences under Sections 147, 148, 341, 323 and 307 IPC r/w 149 IPC.

(3.) In order to prove the case of the prosecution before the trial Court, on the side of the prosecution, as many as 11 witnesses were examined as P.W.1 to P.W.11 and 7 documents were marked as Ex.P.1 to Ex.P.11 and two material objects were marked as M.O.Nos.1 and 2. P.W.1 is the complainant, who is the mother of the victim. P.W.2 and P.W.3 are the injured witnesses, who are the brothers. P.W.5 Veluchamy who is the father of P.W.2 and 3 and husband of P.W.1. P.W.8 is the Doctor Chandrasekaran, attached to the Government Rajaji Hospital, Madurai, who has spoken about the examination of P.W.2 and P.W.3 and the injuries found on them. On the side of the defence, one witness was examined and one document was produced.