M MURUGAN Vs. STATE REP BY

JUDGEMENT

(1.) Aggrieved by the conviction and sentence imposed by the trial Court holding the 1st appellant guilty of offence under section 307 I.P.C and the 2nd appellant guilty of offence under section 307 r/w 109 I.P.C and sentenced to undergo 7 years Rigorous Imprisonment and fine of Rs.1,000/~ each and in default Simple Imprisonment for 6 months each, the present appeal is filed.

(2.) The brief facts leading to this appeal:

(3.) Pw~7 Mr.Rathnakumar, Inspector of Police took up the investigation of the case and visited the place of occurrence. Prepared a rough sketch of the SOC (Ex.P~8). Prepared the observation mahazar (Ex.P~3). The police arrested the accused and recorded the confession statement (Ex.P~4) given by Murugan. A pen knife (M.O.1) used by A~1 to stab PW~2 (Maan @ Madhesh), the blood stained shirt (M.O.2) and banian (M.O.3) were recovered from A~1/Murugan under mahazar (Ex.P~5), in the presence of witnesses Vasu (PW~5) and Ravi (not examined). The wound certificate of P.W~2 (Maan @ Madhesh) was obtained from Dr.BalasubraMaaniam (PW~6). PW.7 filed the final report against A~1 (Murugan) and A~2 (Venkatesan) for charges under sections 341 and 307 I.P.C.