GOPAL @ GOPALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment and conviction, dated 18.09.2008 made in S.C.No. 57 of 2008 by the learned Additional District Judge (Fast Track Court No. 1), Lalgudi, Trichy.

(2.) The appellant herein is the sole accused in this case and he was charged under Sections 294(b), 341 and 307 of IPC., and he has been convicted by the trial Court/learned Additional District Sessions Judge, (Fast Track Court No. 1), Lalgudi, Trichirappalli by its judgment, dated 18.09.2008 and sentenced to undergo 2 years R.I., and imposed a fine amount of Rs. 1000.00 in default, to undergo 2 months S.I. for the offence under Sec. 326 of IPC., and acquitted for the offences under Sections 294(b), 341 and 307 IPC.

(3.) The prosecution has examined P.Ws.1 to 12 and marked Exs.P1 to P10 and M.Os.1 & 2. P.W.1, who is the complaint, is the close relative of the injured in this case and the injured was admitted as inpatient in the Government Hospital, Tiruchirappalli, since the injured was unable to speak, P.W.1 has given the complaint Ex.P1. The injured was examined as P.W.2. P.Ws.1 to 5 are the eyewitnesses, who witnessed the occurrence on 12.06.2007 at about 7.00 p.m. P.Ws.3 to 5 who are eyewitnesses, have not supported the case of the case of the prosecution. P.W.3 married the younger sister of P.Ws.2/injured. P.Ws. 4 & 5, who are independent eyewitnesses, have turned hostile. P.Ws.6 & 7 are the Observation Mahazar witnesses (Ex.P3). P.W.6 was declared as hostile witness during his examination though he had admitted his signature (Ex.P.2) found in Ex.P3 Mahazar. P.W.8/VAO had admitted his signature (Ex.P4) found in the confession statement of the accused and also his signature (Ex.P5) found in the seizure mahazar (Ex.P10). P.W.8 was declared as hostile witness during his chief examination, but he has admitted during his cross-examination by the Public Prosecutor that the accused had given confession statement voluntarily and in pursuance of the said confession statement, the accused took aruval from his full-hand shirt in front side of his house and handed over the same to the Police in the presence of another witness/Village Assistant. P.W.8 has further deposed during his cross-examination by the accused that he had put Exs.P4 & 5 signatures at Pullambadi Vaikal. P.W.9/Sub-Inspector of Police, Kallakudi Police Station went to Government Hospital on 12.06.2007 on receiving wireless message and obtained Ex.P1 statement from P.W.1, who was present with P.W.2/injured, since P.W.2 was admitted as inpatient and he was not able to speak and registered the FIR/Ex.P6 against the accused under Sections 294(b), 341 and 307 Penal Code and sent it along with Ex.P1 to the Court and placed the case records before the Inspector of Police, for investigation. P.W.10 is the Assistant Medical Officer, who was working in the Government Hospital, Emergency Ward, Tiruchi, who knows and was well versed with the signatures of Dr.Mohan Baskar, who had admitted and had examined the injured/P.W.2 and issue wound certificate marked as Ex.P7. P.W.11/Investigating Officer, who conducted the investigation of this case, which was registered by P.W.9 and he has marked rough sketch/Ex.P.8; Ex.P9 is the admitted portion of the confession of the accused; Ex.P.10 is the seizure mahazar; M.O.2 is the blood strained full-hand shirt and M.O.1 is the blood strained aruval, which was identified by P.W.1 and the same was marked through him in his evidence.