1. The criminal appeal arises out of the judgment of conviction and sentence, dated 19.03.2004, made in S.C.No.209 of 2003, on the file of the Assistant Sessions Court-cum-Chief Judicial Magistrate's Court, Nagapattinam, whereby the first accused was convicted for the offence under Section 307 IPC and sentenced to undergo eight years rigorous imprisonment and imposed a fine of Rs.1,000/-in default in payment to undergo three months rigorous imprisonment.

2. The respondent has filed a charge sheet against the accused stating that on 4.10.2002, at 7.00 p.m., the accused 1 and 2, having intention to murder Vellaiammal, who is residing at Paramanallur Mariamman Koil street, were entered into the house of Vellaimmal and A2 caught hold her and A1 assaulted on her head, back, chest with Aruval/M.O.1 and thereby A1 committed offence under Sections 326 and 307 IPC and A2 committed offence under Sections 342, 307 r/w 34 IPC.

3. The case of the prosecution is as follows:

(i) P.W.1/Vellaimmal is residing with her husband and children at Paramanallur. P.W.2/Vijayalakshmi is her daughter. On the fateful day (i.e.) on 4.10.2002, P.W.1, who was an Agricultural Coolie, had gone to her work. When P.W.2 dried paddy in front of her house, at that time, daughter of A1 namely, Priyardharshini, thrown paddy here and there. So P.W.2 took the child and handed over to her mother Kasthuri, who is A1's wife. Thereafter, Kasthuri came to P.W.2's house and abused and beat her. When P.W.1 returned to her house at 7.00 p.m., it was informed by P.W.2. Therefore, P.W.1 asked Kasthuri regarding the incident, at that time, A2, who is the brother of A1, caught hold the hands of P.W.1 and A1 assaulted P.W.1 on her front head, left shoulder, left side back, hip and left the place. On seeing the same, P.W.2 made an alarm and P.W.3/Mathi @ Thanikodi, who is the daughter-in-law of P.W.1, rushed to the place and took her to Nagapattinam Government Hospital. When P.W.4/Kasi after hearing the incident, went to the place of occurrence, he came to know that P.W.1 was taken to hospital. P.W.7/Selvam, who came to know the same, rushed to the place of occurrence and saw P.W.1, who sustained injuries.

(ii) P.W.8/Dr.Rajakumarasamy, treated P.W.1 at 10.00 p.m., gave Ex.P8 wound certificate, in which, he stated that P.W.1 said to have allegedly assaulted by few persons with Aruval on 4.10.2002, at 8.00 p.m., at Paramanallur and the following external injuries were mentioned.

Laceration wound in the left side chest near the clavicle bone, 1 cm X = cm X < cm. Another laceration wound in the right side back of chest below in scapula, 1 cm X = cm and 1/2 cm.

Laceration wound in the left side of the head of the scapula, 3/4 cm X 1/4 cm X < cm.

(iii) On 5.10.2002, at 6.00 a.m., P.W.9/Marimuthu, Sub-Inspector of Police in Thittacheri police station, received intimation from O.P., Nagapattinam Government Hospital, through V.H. Message and rushed to the Hospital. He examined P.W.1, who was treated as an in-patient and recorded her statement and after obtaining complaint Ex.P1 from P.W.1, he returned to police station. At 8.00 a.m., on the basis of her complaint, he registered a case in Crime No.442/2002 under Sections 342 and 307 IPC and prepared a printed F.I.R. Ex.P9. He sent Ex.P9 to the higher officials and the concerned Court.

(iv) P.W.9 took up the matter for investigation, on the instruction of D.S.P., since Inspector of Nagoor police station was on duty in outside. He went to the place of occurrence at 8.30 a.m. and prepared Ex.P10 observation mahazar at 10.00 a.m. in the presence of P.W.5/Murugavel and P.W.6/Selvaraj and their signatures were marked as Exs.P2 to P7. He drew Ex.P11 rough sketch. Then he examined the witnesses and recorded their statements. When P.W.9 made a search at 1.00 p.m., he arrested the accused at Seshamulai Bus stop. In the presence of the witnesses P.W.5 and P.W.6, he recorded the confession of A1 and the admitted portion was marked as Ex