JUDGMENT

This appeal is filed by accused as against the judgment of conviction and order of sentence passed by the learned III Additional District and Sessions Judge (PCR), Madurai, dated 18.01.2016, in Special S.C.No.64 of

2010.

2.Heard Mr.T.A.Ebenezer, learned Counsel appearing for the appellant and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondent.

3.The case of the prosecution is that PW-1, Kannan, belongs to Pallar caste under SC/ST Act. He is involved in dairying and selling milk. Some time in the month of January, 2004, the de-facto complainant had warned some youngsters, who were teasing the girls in his neighbourhood. Subsequently, there was wordy quarrel between the said youngsters and Kannan, de-facto complainant. The elders in the village intervened and the matter ended up amicably. With that incident in mind, the accused, Muthupandi, on 26.02.2004 at around 07.00 pm, when the de-facto complainant had gone to the tea stall belonging to Kumar situated on the street, where the de-facto complainant, Kannan, resides. The accused Muthupandi picked up quarrel with him. Therefore, the de-facto complainant asked him why he unnecessarily picked up quarrel with him. At this, the accused took out a knife that he was hiding in his body and attacked him with the knife.

4.The de-facto complainant tried to ward off the attack, thereby, he suffered injuries on his left thumb and left index finger. He suffered cut injuries and also stab injuries on his thigh. The accused uttered the words, “you fellow belonging to Pallar community; how can you create problems with me; if you make problem with me, I will finish you." The passersby in that place intervened and took the injured/de-facto complainant Kannan to the Government Rajaji Hospital, Madurai. He was admitted as in-patient due to the injuries. The duty Medical Officer informed the police about the attack and the injury suffered by the victim. Therefore, the police officials from Sellur Police Station, went to Ward No.99, Government Rajaji Hospital where the injured Kannan was undergoing treatment and recorded his statement.

5.The oral statement was treated as complaint, under Ex-P1, in which, the police has recorded the statement of de-facto complainant. The de-facto complainant, who was undergoing treatment, had affixed his signature. The same is treated as complaint under Ex-P1 and a case was registered in Cr.No.215 of 2004 of Sellur Police Station, under Ex-P5, under Sections 324 and 506(ii) IPC and Section 3(1)(x) SC/ST(POA) Act, on 27.02.2004 by 01.00 am, by the Sub Inspector of Police, Sellur Police Station, PW-8, Muthuraj.

6.The original complaint and the original FIR under Ex-P5 were forwarded to the learned Judicial Magistrate, Madurai and copy of the same was forwarded to the higher officials in the police department including the Assistant Commissioner of Police, Madurai City, PW-9, Petchi Muthu. On receipt of the FIR under Ex-P5 and the copy of the complaint, under Ex-P1, the Investigation Officer, the Assistant Commissioner of Police, PW-9, had proceeded to the scene of occurrence, Kumar Tea Stall, Ashok Kumar, Bhagyanatha Puram. He prepared the rough sketch under Ex-P7 and observation mahazer under Ex-P6 in the presence of witnesses, Kannan, Baskar, Pandikumar, Ramesh and Arumugam and recorded their statements. He further went to the hospital, where, PW-1, Kannan, was admitted for treatment and recorded his statement. He arrested the accused Muthupandi at Sellur in the presence of witnesses. He voluntarily confessed to the crime and offered to hand over the weapons used in the attack on the defacto complainant. He took PW-9, the Assistant Commissioner of Police to Thathaneri Bharathi Nagar Cemetery and took out the knife used in the attack on the victim, PW-1, Kannan. The same was recovered by the Assistant Commissioner of Police, PW-9, Petchi Muthu in the presence of witnesses. He prepared seizure mahazer under Ex-P3 and recorded the