HAJI WAPPA Vs. STATE

JUDGEMENT

(1.) The appellant herein is an accused in S.C.No.20 of 2010 on the file of the learned Assistant Sessions Judge, Nagapattinam, and he stands convicted for an offence under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for one week. Challenging the said conviction and sentence, the appellant herein had preferred this Criminal Appeal before this Court.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Mr.B.Natarajan, learned Legal Aid Counsel nominated by this Court appearing for the appellant/accused submitted that though P.W.1 is said to have sustained injury on the right side of the loin, in the charge it is mentioned that the injury was caused to P.W.1 at the left flank. The weapon-M.O.1, which was seized, had not been sent for chemical analysis. The learned Legal Aid counsel further submitted that though as per the rough sketch the occurrence took place in front of the house of the accused, P.W.3 claims that the occurrence took place at the backyard of the house of the accused. The learned counsel further pointed out that P.W.1 and the accused were taken to the police station on the same day night, but P.W.11, the investigating officer stated that he arrested the accused only on the next day.