The importance of oral evidence in proving a case beyond reasonable doubt, especially when conflicting with medical evidence.

1. This Criminal Appeal is filed against the judgment dated 12.08.2009 in S.C.No.28 of 2009 on the file of the Additional District and Sessions Court-cum-Fast Track Court-I, Tindivanam, in and by which, the appellants/A6 and A7 stood for trial along with the 12 other accused persons; A1 to A5 and A8 to A14 were acquitted of the charges by the trial Court and the appellants herein (A6 and A7) alone were convicted and sentenced as tabulated hereunder:-

Sl. No.	Rank of the accused	Conviction under Section	Sentence of imprisonment	Fine
1	A6	Section 148 IPC	six months imprisonment	-
2	A6	Section 341 IPC	one month imprisonment	-
3	A6	Section 307 IPC	seven years imprisonment	Rs.1,000/-, in default to undergo three months imprisonment
4	A7	Section 148 IPC	six months imprisonment	-
5	A7	Section 341 IPC	one month imprisonment	-
6	A7	Section 326 IPC	five years imprisonment	Rs.1,000/-, in default, to undergo three months imprisonment

The trial Court ordered the sentences imposed on each of the appellants/A6 and A7 to run concurrently.

2. P.W.1 is the de-facto complainant in this case. It is the case of the prosecution leading to the conviction of the appellants/A6 and A7, that there was a land dispute between the prosecution witnesses and the accused persons. While so, on 27.03.2007 at about 10.30 p.m., P.W.1 and other witnesses were returning after attending the wedding reception of one Sankar, in two-wheelers in groups. P.W.1 and P.W.8 were travelling in one motor-cycle and others were following in different motor-cycles. While they were proceeding on the main road near Chettikuppam, the accused persons assembled with deadly weapons like knife, wooden logs, iron pipe and veecharuval, way-laid P.W.1 and others and assaulted them. The first appellant herein (A6) assaulted P.W.2 on his head and the second appellant herein (A7) assaulted P.W.2 with an iron pipe. All the other accused attacked with their respective weapons, which were in their possession, indiscriminately on the prosecution witnesses and caused grievous injuries. Thereafter, the accused persons ran away from the spot. Subsequently, the injured-victims-prosecution witnesses, were admitted in PIMS Hospital, Kalapet, Pondicherry. On 28.03.2007 (i.e. next day to the date of occurrence), P.W.1 went to Police Station and lodged Ex.P-1 complaint with P.W.13 Inspector of Police, on receipt of which, P.W.13 registered a case in Crime No.98 of 2007 for the offences under Sections 147, 148, 324 and 307 IPC. Ex.P-12 is the FIR. Thereafter, P.W.13 went to the scene of occurrence, recorded the statement of the witnesses, prepared Ex.P-2 observation mahazar and Ex.P-13 rough sketch. Subsequently, on 29.03.2007, P.W.13 arrested A6 (first appellant herein) and A8 (acquitted accused) near Anumathai Bus Stand and recorded their confession statements in the presence of P.Ws.10 and 11, based on which, he recovered M.O.1 veecharuval near a poultry farm under a cover of mahazar Ex.P-15. The admitted portion of the confession statement of the appellants is Ex.P-14. Thereafter, P.W.13 could not arrest the other accused persons, as they were out on anticipatory bail. P.W.13 took steps for remanding the accused persons to judicial custody. P.W.13 obtained the medical certificates of the injured-victims and examined the Doctor concerned and recorded the Doctor's statements. After completing the investigation and all the other formalities, P.W.13 filed charge sheet against the accused persons including the appellants herein. The case was taken on file by the trial Court in S.C.No.28 of 2009. During the course of trial, on the side of prosecution, P.Ws.1 to 13 were examined, Exs.P-1 to P-15 were marked and M.O.1 was produced. When the appellants/accused persons were questioned under Section 313