1. This Criminal Appeal is filed against the judgment dated 30.01.2002 passed in S.C. No.123/2001 by the learned Additional District and Sessions Judge (FTC-), Erode convicting and sentencing the Appellant for the offence under Section 307 of I.P.C. to undergo 7 years’ Rigorous Imprisonment and to pay a fine of Rs.2000/-, in default to undergo six months’ Rigorous Imprisonment.

2. The case of the Prosecution is as follows:

a. One Velumani is residing in the house of his father-in-law along with his wife and children at Veppuli Village. Due to prior enmity between the Appellant/accused and Velumani regarding selling of arrack, on 30.4.2000 at 14.00 hours, while Velumani was sitting in the Vinayagar Koil, Veppuli Village, the Appellant came there and by the using abusive language attacked him on his head with a iron pipe and again when he attacked with the said pipe, Velumani warded off with his hands and he sustained injury on his left hand and was also attacked on his both legs and the Appellant threw the pipe at the place of occurrence and fled away from the scene. One Arumugam and few other persons came there and the said Arumugam took him and admitted him in the Erode Government Hospital.

b. P.W.5-Doctor Sivan attached to the said Hospital on 30.4.2000 at 3.35 p.m. gave treatment to the injured and found the following injuries:

“1. Scratch 3 x 2 cm over right feet.

2. Scratch 3 x 3 cm over left leg.

3. Scratch 3 x 4 cm over fore arm and tenderness over left fore arm.

4. Scratch 2 x 2 cm over night fore arm.

5. Contusion over right chest, lower part.

6. Lacerated injury 6 x 0.5 x 0.5 cm over left side head.”

and issued Wound Certificate-Ex.P4. P.W.7-Doctor Ramasamy attached to the said Hospital issued a X-ray Report Ex.P5 in respect of the injuries sustained by the injured.

c. On receipt of information from the said Hospital, P.W.8-shanmugam, Head Constable attached to the Chennimalai Police Station went to the Hospital and examined the injured and recorded his statement-Ex.P1 and came to the Police Station and registered a case in Cr.No.198/2000 for the offence under Section 307 of I.P.C. and prepared printed FIT-Ex.P6 and sent the copies of case document to the concerned Court and the officials.

d. On receipt of FIR, P.W.9-Arumugam, Inspector of Police attached to the said Police Station took up the case for further investigation went to the place of occurrence and examined the witnesses Chinnakaruppan, Chinnarangan and prepared Observation Mahazar-Ex.P2 and a Rough Plan-Ex.P7 in the presence of the witnesses and seized M.O.1-iron pipe under Ex.P3 in the presence of the witnesses and arrested the accused and sent him for judicial custody and went to the Hospital and examined the injured and his wife and the witnesses and recorded their statements and examined the Doctors who gave treatment to the injured and recorded their statements and after completing investigation, filed a final report against the accused under Section 307 of I.P.C.

3. The case was taken on file in S.C.No.123/2001 on the file of the learned Additional District Sessions Judge, Erode and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined as many as 9 witnesses (P.W.1 to P.W.9) and also relied on Exs.P1 to P7 and two material objects (M.Os.1 to 2).

4. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313, Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused denied the same as totally false.

5. The Court below, after hearing the arguments advanced on either side and looking into the materials available on record, found the accused appellant guilty and awarded punishments as referred to above, which is challenged in this Criminal Appeal.

6. This Court heard the submissions of the learned counsel on either side and also perused the material records placed.

7. Mr. N. Dura