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2011 Supreme(Mad) 1278

High Court of Judicature at Madras
S. NAGAMUTHU
Hemanth & Another
Versus
State by Inspector of Police
Crl.A.No.556 of 2003
Decided on : 08-03-2011

Advocates Appeared:
For the Appellant:N.F.J. Ponnudurai, Advocate. For the Respondent:R. Muniyappa Raj, Govt. Advocate (Crl.Side).

The judgment emphasizes the importance of establishing motive, credibility of witnesses, and the need for proper challenge to contradictions in evidence. It also clarifies the necessity of X-ray reports in determining the severity of injuries.

Headnote:

Motive - Criminal Assault - Sections 326, 341 I.P.C - 341, 307, 506(ii) I.P.C - The judgment discusses the establishment of motive, credibility of witnesses, contradictions in evidence, and the necessity of X-ray reports in determining the nature of injuries.

Fact of the Case:

The appellants were convicted under Sections 326 and 341 I.P.C for a criminal assault. The prosecution's case involved a property dispute and an attack on the victims by the accused using weapons.

Finding of the Court:

The court found that the motive against the accused was established, the witnesses' evidence was credible, and the contradictions in the evidence were not substantial enough to discredit the prosecution's case. The court also ruled that the non-production of X-ray reports did not diminish the severity of the injuries.

Issues: Establishment of motive, credibility of witnesses, contradictions in evidence, and the necessity of X-ray reports in determining the nature of injuries.

Ratio Decidendi: The motive is a piece of evidence to be considered in the entirety of the prosecution case. Contradictions in evidence must be properly challenged through cross-examination. The visibility of injuries may negate the necessity of X-ray reports.

Final Decision: The conviction under Sections 326 and 341 I.P.C was confirmed, but the sentence of imprisonment was reduced for the appellants.

Judgment :-

1. The appellants are accused 1 and 2 in S.C.No.156 of 2003 on the file of the V Additional Sessions Court, Chennai. Totally there were three accused. The appellants have been convicted under Sections 326 ad 341 I.P.C and sentenced to undergo R.I for one year and to pay a fine of Rs.1,000/- in default to undergo R.I for one month for the offence under Section 326 I.P.C and to undergo R.I for one month for the offence under Section 341 I.P.C.m The sentences have been ordered to run concurrently. The third accused has been acquitted. Challenging the said conviction and sentence, the accused 1 and 2 are before this Court with this appeal.

2. The case of the prosecution in brief is as follows:

i) The appellants are the sons of the third accused (since acquitted). There was some dispute between the family of the accused and the prosecution party in respect of a property. Indisputably, there was a civil suit also pending. There was an attempt made by advocates for either side to compromise the said civil dispute. But the same could not fructify. Thereafter, on 22.04.200 at about 7.30 pm. P.W.1 and P.W.3 were standing in front of the house of P.W.1. At that time, all the three accused emerged and the first accused shouted that so long as P.W.1 was alive, they could not succeed in the civil dispute. With such shouting, A.1 attempted to attack P.W.1 with Aruval, which he was holding. P.W.1 tried to escape. At that time, P.W.2, who came rushing to the place of occurrence, attempted to prevent A.1 from cutting P.W.1. But A.1 cut P.W.2 on his left wrist. The second accused took out an Aruval and attempted to cut P.W.1 on his head. P.W.1, warded off with his left hand. Therefore, the cut fell on his left wrist. He sustained injury. Then the people who were present at the scene of occurrence raised alarm. A.1 and A.2 cut P.Ws 1 and 2 as stated above at the instigation of A.3. After the alarm raised by others, A.1 and A.3 disappeared from the place of occurrence. Thereafter, P.W.s.1 and 2 were taken to a private hospital known as Suriya Hospital by one Muthu. They were admitted as in patient in the said Hospital. While taking treatment, at about 8.45 p.m on receiving information from the hospital, P.W.9, Inspector of Police attached to Virugambakkam police Station came to the spot and recorded the statement of P.W1. Based on the same, he registered a case in Crime No.420 of 2000 under Sections 341, 324, 307 and 506(ii) I.P.C. In the hospital, P.W.8, Dr.Vekatramanan examined P.Ws 1 and 2 at 8.00 p.m on 22.04.2000 . He was told by both the injured that they were attacked by known persons with knife. On examination, he found that the tendon at the left wrist of P.W.1 was cut and there was also fracture of bone. He conducted surgery on P.W.1 to correct the same. P.W.1 under went treatment as in patient for four days. According to P.W.8, Dr.Venkataramanan, the injuries sustained by P.W.1 were grievous. He issued Ex.P.4, the wound certificate. On the same day, when he examined P.W.2, Ravi, he found a cut injury on the left wrist and also the tendon was found cut. He was treated as in patient for four days. According to him, the injuries sustained by P.W.2 is also grievous. He issued Ex.P.5, the wound certificate.

ii) Coming back to the investigation, P.W.9 proceeded to the place of occurrence at about 10.15 p.m. He prepared the observation mahazar in the presence of P.W.6 and one Ramalingam and also he prepared a sketch. He examined P.Ws 3, to 6 and recorded their statements. P.Ws 3 to 6 were also eye witnesses to the occurrence. He proceeded to the hospital and recovered the blood stained clothes worn by P.Ws.1 and 2 under Mahazar. On 23.04.2000, he arrested the accused near Sinmaya Nagar Bridge. The first accused gave a confession voluntarily and P.W.9 recorded the same in the presence of two witnesses. Based on the said confession, he took the police and witnesses to his house and produced M.os.1 and 2, the weapons said to have been use






















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