The court confirmed the conviction under Section 307 IPC based on the evidence of witnesses and the nature of the injuries caused by the accused.

1. The appeal arises out of the Judgment of conviction and sentence made in S.C.No.334 of 2005 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, Vellore District, whereby, the accused was convicted for the offence under Section 307 IPC and sentenced to undergo four years Rigorous Imprisonment with fine of Rs.1,000/-, in default, to undergo six months simple imprisonment.

2. The respondent Police filed a charge sheet against the accused stating that on 25.08.2004 at 5.00 a.m. the accused assaulted one Jeyakumar in respect of money transaction with an intention to commit murder at Nattampalli-Krishnagiril Road near new Bridge, thereby, committed offence under Section 307 IPC.

3. The case of the prosecution is as follows:

(i) P.W.2-Vijayakumar is the brother of P.W.9-Subramani @ Mani. The accused is the friend of P.W.2. P.W.2 is doing agricultural work and residing at Kurlarpalli. When P.W.2 was going to Sivagurupur, where P.W.9 is residing along with his wife, the accused, Errappan borrowed a sum of Rs.10,000/-from P.W.2 for his daughter's marriage and since P.W.9 suspected P.W.2 that he is having illicit intimacy with his wife, a quarrel arose between P.W.2 and P.W.9. Therefore, P.W.2 took a girl, namely, one Jothi, who is the daughter of Vankatpathy and they resided at Bangalore for 10 days. Thereafter, the accused and one Mani took P.W.2 to Kurlarpalli. P.W.9 assaulted P.W.2. Therefore, P.W.2 demanded money from Errappan. But, Errappan handed over only a sum of Rs.3,000/- and the balance amount is yet to be repaid. Then, Errappan took P.W.2 to Tamil Nadu.

(ii) On 24.08.2004, they came to Akimanipet where the accused's concubine is residing there. Thereafter, they returned to Vaniyampadi and they went to Lakshmipuram. Till 9.00 p.m. they were chatting with the Teacher at Lakshmipuram and after taking food, they returned to Nattrampalayam-Toll Gate. At that time, they came to know that there was no bus service after 10.30 p.m. and they stayed there. The very next day morning, i.e. on 25.08.2004, they went to the Tea Shop and took tea, at that time, a wordy quarrel arose between them. The accused took P.W.2 near the bye-pass road leading to Nattrampalli and when they reached the bridge, P.W.2 demanded money from the accused. Having got enraged with P.W.2's demand of money, the accused abused him and silt his throat with M.O.1 and also caused injury on his thigh. Thereafter, the accused escaped from that place. P.W.2 came near the Tea Shop with injuries and fell down, at that time, P.W.1-Annadurai and P.W.3-Jegadeesan took him to Tiruppatur Government Hospital, where, P.W.7-Dr.Prameswari, treated him at 7.40 a.m. and at that time, he told that he was assaulted by a known person at 5.00 a.m. near the Toll Gate. P.W.7 pointed out the injuries, sustained by him and sent Ex.P4-Intimation to the concerned Police Station and issued Ex.P5-wound certificate. For further treatment, P.W.2 was referred to the Government Hospital, Vellore, where P.W.8-Senthamarai Kannan treated him.

(iii) P.W.10-Vincent Paul, who was working as Sub Inspector of Police during that period, received the intimation and went to Tiruppattur Government Hospital. Since P.W.2 was not able to give statement, he examined P.W.1 and recorded P.W.1's statement as complaint under Ex.P1. He returned back to the Police Station and registered a case in Crime No.658 of 2004 under Section 307 IPC at 11.00 a.m. FIR was marked as Ex.P6. P.W.11-G.Ganesan, Inspector of Police, received a copy of FIR and went to the place of occurrence, where he prepared Ex.P7-Observation mahazar in the presence of P.W.5-Chamundi, Muniraj. He also drew Ex.P8-Rough Sketch. At 17.30 hrs., he seized the Material Objects, M.O.5 to M.O.8 in the place of occurrence under Ex.P9. On that day, he examined P.W.1, P.W.2 and P.W.3 and recorded their statements and he went to the Hospital and recovered M.O.2 to M.O.4 from P.W.2 in the presence of P.W.4-