IMPORTANT POINT
Motive would not play a vital role in case where there was a direct eyewitness available.

JUDGMENT

Ms. R. Mala, J.—This criminal appeal has arisen out of the judgment passed by the Additional District Sessions Judge, Fast Track Court, Kancheepuram, on 27.1.2003 in S.C. No.276 of 2002, acquitting the appellant/accused under Section 307 IPC and convicting the appellant/accused under Section 326 IPC and sentencing him to undergo-three years rigorous imprisonment.

2. The case of the prosecution in a nut-shell is as follows:

(i) On 20.12.2000 at 7.30 p.m., when PW1 Sankar/complainant was doing the weaving work in PW2 Raji’s Handloom Weaving Unit, at Sekupettaisaliyar Street, at that time, the appellant/accused came there and called PW1. PW2 Raji, who is the owner of Handloom Weaving Unit came out of the house. The appellant/accused told him to call Ramesh. On being informed by PW2 Raji, PW1 came out of the house. On seeing him, the accused/appellant questioned him regarding, what did they ask in the Court and what had happened to the criminal case pending against PW1 before the Judicial Magistrate Court, Kancheepuram. PW1/complainant intimated the fact that the case has been adjourned. Suddenly, the appellant/accused took the knife that was kept hidden in his right hand and assaulted PW1/complainant on his face, left shoulder, stomach, neck, left cheek, left side back and left the place. On witnessing the same the public made an alarm. After hearing the alarm, PW2 came out of the Handloom Weaving Unit and on seeing the injuries sustained by PW1, he enquired as to what had happened. PW1 informed him that due to previous enmity, appellant/accused had assaulted him.

(ii) On being informed, Anandan/PW4 and Naghu came to the place of occurrence and taken PW1/complainant to hospital, where, PW5 Dr. Senthil has admitted him in the hospital and noted down the following injuries sustained by him and gave Accident Register Copy-Ex.P2:

“Injuries:

1. Incised wound left side of forehead 6 cm length.

2. Left side of (mandible) face-8 cm length.

3. Cut neck 6 cm.

4. Left side of chest 10 cm.

5. Left axilla 5 cm.

6. Left shoulder 10 cm.

7.3 Incised wounds over left side of back 8 cm, 4 cm. and 2 cm.

All sub-cut, deep.”

(iii) Then, PW6 Sugumaran, Sub-Inspector of Police, after getting the information had gone to the hospital and recorded the statement-Ex.P1 and preferred a F.I.R. Ex. P3. PW6 registered a case in Cr. No. 892 of 2000 under Section 324 IPC. Then, PW6 gone to the place of occurrence and he prepared an observation mahazar and draw a plan Ex. P4, in the presence of witnesses. PW7 Manjula, Sub-Inspector of Police, has taken up further investigation and examined the witnesses and altered the offence under Section 324 IPC into 326 IPC. PW8 Poongavanam, Inspector of Police, altered the case into Section 326 IPC and examined the witnesses and filed the charge-sheet under Sections 307 IPC.

(iv) The learned Sessions Judge after following the procedure framing the charges against the appellant/accused, who pleaded not guilty. To prove the charges levelled against the accused the prosecution examined the witnesses PWs 1 to 8 and marked Exs. P1 to P5. After the completion of the evidence on the side of prosecution, the accused was questioned under Section 313 Cr.P.C. as to the incriminatory circumstances found in the evidence of the prosecution witnesses and the accused flatly denied them as false. The Sessions Judge after hearing the arguments advanced on both sides, acquitted the accused under Section 307 IPC, but convicted him under Section 326 IPC and sentenced him to undergo three years rigorous imprisonment. Against that, the present appeal has been preferred.

3. Challenging the conviction and sentence passed by the Sessions Judge, the learned counsel appearing for the appellant would mainly focus upon the following points,

(i)There is a delay in preferring the complaint as well as in despatching the FIR to Court;

(ii) No independent witness has been examined;

(iii) The weapon used has not been proved;

(iv) The ingredients of S