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1992 Supreme(Mad) 417

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ARUMUGHAM
Gopal
Versus
State of Tamil Nadu
Crl.R.C.No.288 of 1988 and Crl.R.P.No.287 of 1988
Decided On : 28-08-1992

Advocates:
S.Doraisamy, for Petitioner. T.Subramaniam, Additional Public Prosecutor, for State.

Evidence of injured supported by medical evidence.

Headnote:Evidence Act (I of 1872), Section 3-Appreciation of evidence-Grievous injury sustained by injured remaining in hospital for several days-Held, evidence adduced by injured and his brother cannot be rejected on the ground of being interested witness because the evidence has been corroborated by medical evidence.

       

Judgment :

This revision is filed under Secs.397 and 401 of Crl.P.C, is directed against the judgments rendered by the learned Sessions Judge, Tiruchirapalli in Crl.A.No.342 of 1987 dated 23. 1988, confirming the judgment of the Judicial First Class Magistrate, Kulithaiai in C.C.No.189 of 1986, against the revision petitioner herein and another accused for an offence under Sec.326, I.P.C. and convicted the petitioner to undergo imprisonment for one year and to pay a fine of Rs.500and in default to undergo rigorous imprisonment for three months.

2. The case of the prosecution as recorded by the learned trial Magistrate as well as considered by the lower appellate court in brief are extracted as follows:

The revision petitioner along with another accused by name Samiappan alias Sellappan, were the agricultural coolies belonged to one Vangal village in Kulithaiai Taluk, Tiruchirapalli district, employed under one Vallaiya Gounder and doing farm work in his lands and so also P.W.1, Chella-muthu, belongs to the same village and employed under one Karumana Gounder, as a farm servant engaged in doing irrigation works in the lands of his master and that while doing so at about 3.00 p.m. on 21. 1986 while P.W.1 was irrigating the lands of Karumana Gounder, the revision petitioner and the other accused came and deviated the water from the canal leading to P.W.l’s land and took the water to their field, which was objected to and when P.W.1 again tried to deviate the canal water, the other accused, namely, Samiap^ pan pulled both the legs of P.W.1, who in turn fell in the canal and when he rose up the revision petitioner cut P.W.1 with an Aruval on his right wrist causing bleeding injuries and on the approach of P.W.2,Selvaraj, the brother of P.W.1, both the revision petitioner and the another accused ran away and that with the bleeding inju’ ries on his right wrist, P.W.1 was taken by P.W.2 to Vangal Police Station at.about 4.30 p.m. On that day he lodged a complaint to P. W.3, the write of. that station, who registered a case in Crime No.11 of 1986 against the revision petitioner and another accused for the offences under Secs.341,324 and 326, I.P.C. And sent P.W.1 to the Government Hospital, Karur for treatment and intimated the fact to the Sub Inspector of Police-P.W.5 for further investigation. P.W.4, Dr.Indirani.attached to the Government Hospital, Karur, on receipt of the requisition given by Vangal Police had examined P.W.1 at about 7.00 p.m. on that day and found on him the following injuries;

‘“V shaped incised wound 5” x 1“bone depth on the right wrist joint. Vessels exposed bleed- -ing continuously.”

and issued a Wound certificate Ex.P-2. The Doctor opined that the injury was grievous in nature. The Doctor further states during the course of her evidence, as P.W.4, that the injury was X-rayed and on the perusal of the Scophoid and Radical stylaid process it was found the bone was fractured and that X-ray number was 4945 dated 21. 1985. On the basis of the above facts P.W.4 opined that the injury found on the person of the injured was grievous. Then she admitted him asan inpatient in the hospital and treatment was given. P.W.5-Rajagopal-Sub Inspector of Police, on the registration of the case by P. W.3 took further investigation at about 4.00 p.m. on the day of occurrence he had been to the scene of occurrence and prepared the Observation Mahazar Ex.P-3 and Rough sketch Ex.P-4, heexamined P.W.2,Vadivel, Karumanan, Palanisami and others and obtained the wound certificate Ex.P-2 from the Doctor, who attended on P.W.l. P.W.5, the Sub Inspector of Police gave evidence about the fact of surrender of the revision petitioner and another accused before the Court on 2. 1986.

P.W.5 after examining the Doctor-P.W.3 on 22. 1986 obtained the wound certificate and sent the final report against the accused, namely the revision petitioner and another, to the court for the offences under Secs.341 and 326, I.P.C.

3. On examining the revision pet









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