CRL.A.No.745 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

Crl.A.No.745 of 2015

and Crl.MP.No.2691 of 2016

Balasubramaniyan

.. Appellant/Accused

Vs.

State rep. by

The Inspector of Police

Vettaikaraniruppu Police Station.

.. Respondent/Complainant

Cr.No.41 of 2017 u/s.341, 307 IPC.

Criminal Appeal filed under Section 374(2) Cr.P.C. , to call for the

recording relating to S.C.No.84 of 2012, on the file of Assistant Sessions

Court, Nagapattinam, judgment dated 14.10.2015, set aside the judgment of

Assistant Sessions Court, Nagapattinam.

For Appellant

Mr.D.Padmanabhan

for Mrs.S.Jayanthi

For Respondent Mr.L.Baskaran

Govt. Advocate (Crl.Side)

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CRL.A.No.745 of 2015

J U D G M E N T

This Criminal Appeal has been filed against the judgement 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.

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CRL.A.No.745 of 2015

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

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CRL.A.No.745 of 2015

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

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CRL.A.No.745 of 2015

conclusion and the prosecution has proved the case beyond reasonable

doubts for offense under Section 307 IPC and accordingly, convicted and

sentenced the