JUDGMENT :

This Criminal Appeal has been filed against the judgment and order passed by the Assistant Sessions (Sub Judge) Court, Nagapattinam in S.C.No.84 of 2012, dated 14.10.2015, convicting the appellant for offence under Section 307 IPC., and sentencing him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.10,000/- and in default to undergo one year rigorous imprisonment.

2. The case of the prosecution is that there was a previous enmity between the appellant and Chidambaram (PW-1). On 09.12.2011, at about 9.00 pm., when the said Chidambaram (PW-1) walking towards his house and right in front of the house of one Subramanian (PW-3) at Pudupalli Ellai Road, the appellant is said to have waylaid PW-1 and attacked him with aruval (MO.1) on his head, hands and right thigh and caused him grievous injuries.

3. PW-2, who is the brother of PW-1 saw PW-1 lying in a pool of blood with serious injuries. He immediately made arrangements to secure 108 Ambulance and PW-1 was taken to the Government Hospital, Nagapattianm. PW-1 was treated by PW-7 and through him the Accident Register was marked as Ex.P-5.

4. PW-2 gave a complaint to the Sub Inspector of Police, Vettaikaraniruppu Police Station on 10.12.2011 at 2.00 am. This complaint was marked as Ex.P-1. Based on the complaint, an FIR came to be registered in Crime No.41 of 2011, for offense under Section 341 and 307 IPC. The FIR was marked as Ex.P-6.

5. The investigation was taken up by PW-8 and he went to the scene of crime and prepared the Observation Mahazar (Ex.P-7) and Rough Sketch (Ex.P-8). The Investigation Officer also recorded the statement of witnesses under Section 161 (3) Cr.PC. The petitioner was arrested on 10.12.2011 at about 3.00 pm., and based on his confession, the weapon (M.O.1) was recovered. The arrest and recovery was attested by PW-5. The Investigation Officer thereafter received the reports and ultimately, laid the final report before the Judicial Magistrate, Vedaranyam, on completion of investigation.

6. The Judicial Magistrate, Vedaranyam, issued copies to the appellant under Section 207 Cr.PC., and committed the case under Section 209 Cr.PC., and the case was made over to the Court below.

7. The Court below framed the charges against the appellant for offense under Section 341 and 307 IPC. The prosecution examined PW-1 to PW-8 and marked exhibits P-1 to P-10 and identified and marked M.O.1. The incriminating evidence that was collected in the course of trial was put to the appellant under Section 313(1)(b) Cr.PC.. and he denied the same as false.

8. The Court below on considering the facts and circumstances of the case and on appreciation of the oral and documentary evidence, came to a conclusion and the prosecution has proved the case beyond reasonable doubts for offense under Section 307 IPC and accordingly, convicted and sentenced the appellant. The appellant was acquitted from the charge under Section 341 IPC. Aggrieved by the same, the present Criminal Appeal has been filed before this Court.

9. Heard Mr.D.Padmanabhan, learned counsel for the appellant and Mr.L.Baskaran, learned Govt. Advocate (Crl.Side) appearing on behalf of the respondent.

10. The main thrust of the argument of the learned counsel for the appellant was that the prosecution had concealed the very genesis of the case. The learned counsel in order to substantiate his submission, brought to the notice of this Court the evidence of PW-7. It was submitted that PW-7 was the doctor, who gave treatment to PW-1 at the earliest point of time after the incident and PW-1 had clearly stated before PW-7 that he was attacked by two known persons with aruval and wooden log. The learned counsel also drew the attention of this Court to pointing out that PW-1 was very much conscious when he was treated by PW-7. Reference was also made to Ex.P-5, which is the Accident Register that was marked through PW-7. Even in the Accident Register, reference has been made to the fact that two known persons had