JUDGMENT

On 06.07.2019, when P.W.17 was on duty at Virinjipuram Police Station, P.W.1 Naveen Kumar, the injured witness appeared before the police station and lodged a complaint to the effect that he, the deceased Sakthivel, one Vetri Vel, one Rajkumar, one Madhan and one Balaji are friends, while so, since the deceased Sakthivel got a seat in the ITI, he gave them a party and all of them went to the TASMAC Wine Shop at about 12.00 PM and they were continuously drinking from 12.00PM upto 8.00PM. While so, between 7.45PM to 8.00PM, there was a quarrel between the appellant / accused and them, in which, the accused is said to have hit P.W.1 on the face and thereafter, went away to another Wine Shop. P.W.1, the other injured witness P.W.2 and the deceased, in a single motorcycle, followed him to the other Wine Shop, went inside and quarrel ensued. The said Sathish was brought out and all of them were hitting each other. Suddenly, the said Sathish took up a beer bottle, broke it, and with the broken beer bottle started stabbing P.W.1, P.W.2 and the deceased, of which, the deceased succumbed to the injury.

2. On the said complaint, a case in Crime No.227 of 2018 under Sections 323, 324 and 302 of the Indian Penal Code was registered. Initially P.W.24 took up the case for investigation. Thereafter, P.W.25 completed the investigation, laid final report. The said final report was taken on file as PRC.No.22 of 2013 by the learned Judicial Magistrate IV, Vellore and after the appearance of the accused and furnishing of the copies, the case was committed to the learned District and Sessions Judge, Vellore. Thereupon, the matter was taken on file as SC.No.105 of 2019 and was made over to the Trial Court. The Trial Court, considered the materials on record, framed charges under Sections 302, 307 (2 counts) and Sections 323 and 302 r/w 109 of the Indian Penal Code. Upon being questioned, the accused denied charges and stood trial. To bring home charges, the prosecution examined P.W.1 to P.W.25 and marked Exhibit P.1 to Exhibit P.28. On behalf of the prosecution MO.1 to MO.8 were also produced. Upon being questioned about the material evidences and the incriminating circumstances on record, the accused denied the same as false. Thereafter, no evidence was let in on behalf of the defence and the Trial Court therefore proceeded to hear learned Additional Public Prosecutor on behalf of the prosecution and learned counsel for the accused and by the judgment dated 30.09.2019, while acquitting the second accused, the first accused was convicted for the offence under Section 304(ii) of the Indian Penal Code and was imposed with the punishment of seven years rigorous imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to undergo six months rigorous imprisonment and for the offence under Section 326 (2 counts) of the Indian Penal Code, was imposed with rigorous imprisonment for a period of seven years and to pay fine of Rs.1,000/- for each count and in default of payment of fine, to undergo six months rigorous imprisonment. Aggrieved by the same, the present appeal is filed before this Court.

3. Heard Mr.E.Kannadasan, learned counsel appearing on behalf of the appellant and Mr.S.Vinoth Kumar, learned Government Advocate (Crl.

Side) appearing on behalf of the respondent.

4. Learned counsel appearing for the appellant, firstly took this Court to the complaint lodged and the evidence of P.W.1 and P.W.2, injured witnesses before the Court, and submitted that the evidence and the complaint are returned with contradictions. He would further submit that this is a case in which the deceased and the injured witnesses, P.W.1 and P.W.2, were the aggressors and even after the appellant / accused went away to some other Wine Shop, followed him and picked up the quarrel and therefore, them being the aggressors and both sides having quarrel, the very prosecution of the appellant / accused alone without the prosecution of the eye-witnesses, as even