The evidence of an injured witness holds special status and should not be dismissed lightly, especially when corroborated by medical evidence.

JUDGMENT

The appellants/Accused in S.C.No.69 of 2015 on the file of the learned Additional District Session Judge (Fast Track), Kumbakonam, Thanjavur District, have filed this appeal, challenging the conviction and sentence imposed against them on 06.07.2018, under Sections 341, 323, 326 of IPC and also Section 3(1) of Tamil Nadu Prevention of Property Damage and Loss Act.

2.The brief facts of the case as follows:

The defacto complainant was working as a Manager in the firm namely, 'Dr.Kanagasabapathi Naturals' and 'Green Trends'. The appellants herein were the customers of the said Beauty Parlour. Due to previous motive between the parties regarding causing disturbance to the other lady customers, on 05.04.2013, at about 11.15 p.m, when the defacto complainant was proceeding towards his house on his bike along with the collected amount of Rs.45,000/- from the above said firm, the first appellant is said to have waylaid and attacked P.W.1 on his left hand with an iron rod. Thereby, P.W.1 fell down and sustained fracture. The second appellant is said to have attacked P.W.1 with an iron rod on the head and the third appellant attacked P.W.1 on the face and back side with hands and caused injuries. Further, they damaged the lap-top and snatched the collected amount from him. Because of the alarm made by P.W.1, they escaped from the scene of the occurrence. On hearing the same, one Saravanakumar, who was working as a driver, and one Thenchamy, who was working as a watchman, rushed there and informed the owner of the above said firm namely, Nagulashkumari. Thereafter, they admitted P.W.1 in the Government Hospital, Kumbakonam. Thereafter, shifted him to a private hospital, namely, Sugam Hospital, as inpatient. After taking treatment from 05.04.2013 to 07.04.2013, he was discharged on 07.04.2013. Therefore, the respondent police registered a case in Crime No.141 of 2013 for the offences under Sections 341, 323, 326 of IPC and Section 3(1) of Tamil Nadu Prevention of Property Damage and Loss Act against the appellants. Thereafter, P.W.10 conducted investigation and filed the final report before the learned Additional District Session Judge (Fast Track), Kumbakonam, Thanjavur District, and the same was taken on file in S.C.No.69 of 2015. The learned trial Judge issued summons to the accused and on their appearance, served the copies under Section 207 Cr.P.C. and framed the necessary charges and questioned the accused. The accused pleaded not guilty and stood for trial.

3. The prosecution, to prove the case examined P.W.1 to P.W.11 and exhibited 16 documents as Ex.P.1 to Ex.P16 and produced 3 material objects as M.O.1 to M.O.3. The learned trial Judge questioned the accused under Section 313 of Cr.P.C., proceedings by putting the incriminating evidence available from prosecution witnesses and documents. The accused denied the same as false and the case was posted for examination of the defence witnesses. On the side of the appellants, no witness was examined and no document was marked.

4. The learned trial Judge after considering the oral and documentary evidence, convicted the first appellant/A1 for the offence under Sections 341 and 326 of IPC and Section 3(1) of Tamil Nadu Prevention of Property Damage and Loss Act, and convicted the second appellant/A2 for the offence under Sections 341 and 324 of IPC and Section 3(1) of Tamil Nadu Prevention of Property Damage and Loss Act, and convicted the third appellant/A3, for the offence under Sections 341 and 323 of IPC and sentenced the first appellant/A1 to undergo 1 month Simple Imprisonment for the offence under Section 341 of IPC and sentenced him to undergo 2 years Rigorous Imprisonment and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default to undergo 3 months Rigorous Imprisonment for the offence under Sections 326 of IPC and sentenced him to undergo 1 year Rigorous Imprisonment and to pay a fine of Rs.2,000/- (Rupees Two Thousand only), in default to undergo 3 months Rig