JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, to set aside the conviction and sentence dated 13.05.2016, passed in S.C.No.91 of 2015, on the file the learned Sessions Judge (Fast Track Mahila Court), Karur.)

1. This criminal appeal is directed against the conviction and sentence dated 13.05.2016, made in S.C.No.91 of 2015, on the file of the learned Sessions Judge, Fast Track Mahila Court, Karur.

2. The appellant is the sole accused. He stood charged for the offences under Sections 307 and 506(ii) I.P.C. After full-fledged trial, the learned Sessions Judge, Fast Track Mahila Court, Karur, came to the conclusion that the accused is guilty under Section 307 I.P.C., convicted and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for one month. In respect of the charge under Section 506(ii) I.P.C., the learned Sessions Judge acquitted the accused.

3. Challenging the said conviction and sentence, the appellant/accused is before this Court with this Criminal Appeal.

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

(i) One Jeyanthi, who is the wife of the accused, is the injured in this case. P.W.1 - Ramasamy is her grandfather. On 05.01.2015 while at the time P.W.1, P.W.4, P.W.5 and the injured were in the house of P.W.1, the accused came there and after developing a wordy quarrel with the injured, when the accused attempted to attack her with the aid of Aruval, the injured resisted the same, however, the accused cut the left hand wrist of the injured. After seeing the same, when the injured Jeyanthi tried to run away from the said place, by using the same weapon, the accused attacked the injured near the left knee. Thereafter, a crowd was gathered there and after seeing the crowd, the accused Mahendran ran away from the scene of occurrence.

(ii) Subsequent to that, by utilizing the services of 108 Ambulance, the injured was brought to the Amaravathi Hospital, Karur, wherein, the Doctor refused to give treatment and therefore, the injured was brought to Coimbatore Hospital, wherein she was admitted as Inpatient. In the meantime, P.W.1 lodged a complaint under Ex.P.1 before the Station House Officer, Vangal Police Station.

(iii) On receipt of the said complaint, P.W.9 - Balamurugan, the then Inspector of Police, Vangal Police Station, registered a case against the accused in Crime No.8 of 2015 under Section 307 I.P.C. The printed F.I.R. is marked as Ex.P.5. After registering the case, he took up the same for investigation. On 06.01.2016 around 08.00 a.m., he visited the scene of occurrence. In the presence of witnesses, he prepared an Observation Mahazar under Ex.P.2. He drew the Rough Sketch and the same was marked as Ex.P.6. He examined the witnesses and recorded their statements. He submitted an application before the Judicial Magistrate Court No.II, Karur, for taking the accused to the Police custody. In turn, the said application was ordered in favour of the respondent Police and after taking Police custody, during enquiry, the accused gave a confession statement, wherein he admitted the commission of offence and willing to produce the Aruval, which was hided in a Culvert.

(iv) P.W.9 in the presence of witnesses recorded the confession statement and went to the Thalavapalam Culvert and after identifying the weapon, he recovered the same under the cover of Mahazar Ex.P.3. He examined P.W.9 - Dr.Madhu Periyasamy, who issued wound certificate and after concluding investigation, he came to the positive conclusion that the accused is liable to be convicted under Sections 307 and 506(ii) I.P.C. He filed a final report accordingly.

5. From the above materials, the trial Court framed charges under Sections 307 and 506(ii) I.P.C. The accused pleaded not guilty and opted for trial. Hence, in order to prove their case, on the side of the prosecution, 9 witnesses were examined as P.W.1 to P.W.9 and 7 doc