JUDGMENT

The convicted accused viz., A.3 and A.4 have preferred this criminal appeal as against the judgment passed by the learned (District Sessions Judge Training), Additional Assistant Sessions Judge, Vellore, Vellore District, in S.C.No.84 of 2013, dated 08.04.2015, convicting the appellants for the offence under Section 307 IPC and sentencing them to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1000/- each, in default, to undergo simple imprisonment for two months.

2 [i]. The case of the prosecution as could be seen from the records is that there was previous enmity between P.W.1 and A.1/Thilagaraj, regarding lane dispute and civil suit is also pending between them. During the pendency of the civil suit, an Advocate Commissioner was appointed; out of 78 feet lane, 30 feet were allotted to P.W.1/Prakash @ Chinnaraj and he fixed fencing around his land and due to that A.1 having vengeance over him and 15 days prior to the occurrence, wordy altercation arose between A.1 and P.W.1. In continuation of the quarrel, A.1 decided to do away P.W.1 with the help of the accused 2 to 5 and they were conspired together; due to the conspiracy, on 15.09.2012 at about 03.15 p.m., when P.W.1 was in his Grocery Shop, on the instigation of A.1/Thilagaraj, A.2/Santhosh @ Santhosh Kumar and the appellants viz., A.3/Sivamani and A.4/Dinesh Kumar and A.5/Jegan @ Jegannathan were went there; A.2 abused P.W.1 with filthy language and also beaten him on his chin with hand and these appellants/A.3 and A.4 tried to attack P.W.1 with knife; P.W.1 escaped from their attack and caught hold their hands and as a result of which, P.W.1 sustained abrasion injuries on his left thumb and on hearing his alarm, P.W.2 mother of P.W.1 came and rescued and at that time, A.5 namely, Jegan @ Jegannathan attacked her with cool drinks bottle on her back and thereby caused simple injury.

[ii]. In the meanwhile, the neighbours came to the scene of occurrence and tried to save P.W.1 and on seeing them, the accused 2 and 5 escaped in an Auto and these appellants were caught red handed by the villagers and they were tied in a Pillor post and thereafter, they were produced before the respondent police.

[iii]. On receipt of the complaint/Ex.P.1 from P.W.1, the respondent police has registered a case in Crime No.409 of 2012 for the offences under Sections 294(b), 323, 324, 452 and 307 r/w. 109 of IPC and after completion of investigation, the respondent police has filed final report before the learned Judicial Magistrate No.I, Vellore, for the offences under Sections 120(B), 294(b), 323, 324 and 307 r/w. 115 of IPC.

[iv]. After observing the formalities, the case was committed to the Court of Sessions and thereafter, the learned Principal Sessions Judge made over the same to the learned [District Sessions Judge Training], Additional Assistant Sessions Judge, Vellore, Vellore District, for disposal. After completion of trial, the learned [District Sessions Judge Training) Additional Assistant Sessions Judge, Vellore, Vellore District acquitted the accused Nos.1, 2 and 5 from all the charges and convicted the appellants/A.3 and A.4 for the offence under Section 307 of IPC alone and acquitted them from other charges.

[v]. Pending appeal, the appellants have granted suspension of sentence by this Court in Crl.M.P.No.1 of 2015, dated 01.06.2015.

3. Learned counsel for the appellants/A.3 and A.4 would contend that as per the evidence of P.W.13-Dr.M.V.Pradeep Anand, P.W.2 had complained of pain on her back and there is no evidence excepting the alleged commission of the offence under Section 307 IPC. Besides, the learned counsel has submitted that there is a delay in dispatching the FIR to the Court and the earlier complaint is burked by the prosecution.

4. In order to substantiate the charges, the prosecution has examined P.Ws.1 to 14, marked Exs.P.1 to P.15 and produced M.O.1 [two knifes]. P.W.1/Prakash @ Chinnaraj and P.W.2/Indirani are the injured witnesses. P.W