BAIL SLIP

The Appellant / Accused namely Kandasamy @ Kandan was directed to

be released on Bil in and by the order of this Court dated.

15.5.2002 made in Crl.M.P.No.4608/02 in Crl.Appeal No.733 of 2002,

on the file of the High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2010

CORAM:

THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN

Crl.A.No.733/2002

Kandasamy@kandan

...Appellant

Vs

State by Inspector of Police

Chennimalai Police Station

Erode

...Respondent

Prayer:- This Criminal Appeal is filed against the judgement dated

30.01.2002 passed in SC.No.123/2001 by the learned Additional

District and Sessions Judge (FTC-) Erode, convicting and sentencing

the Appellant for the offence under Section 307 of IPC to undergo 7

years Rigorous Imprisonment and to pay a fine of Rs.2000/-, in

default to undergo six months Rigorous Imprisonment.

For Appellant

:

Mr.N.Duraisamy (Legal Aid Counsel)

For Respondent :

Mr.Hasan Mohammed Jinnah, APP

JUDGEMENT

This Criminal Appeal is filed against the judgement dated

30.01.2002 passed in SC.No.123/2001 by the learned Additional

District and Sessions Judge (FTC-), Erode convicting and

sentencing the Appellant for the offence under Section 307 of IPC

to undergo 7 years Rigorous Imprisonment and to pay a fine of

Rs.2000/-, in default to undergo six months Rigorous Imprisonment.

2. The case of the Prosecution is as follows:-

a. One Velumani is residing in the house of his father-in-

law along with his wife and children at Veppuli Village. Due to

prior enmity between the Appellant/accused and Velumani regarding

selling of arrack, on 30.4.2000 at 14.00 hours, while Velumani was

sitting in the Vinayagar Koil, Veppuli Village, the Appellant came

there and by using abusive language attacked him on his head with a

iron pipe and again when he attacked with the said pipe, Velumani

warded off with his hands and he sustained injury on his left hand

and was also attacked on his both legs and the Appellant threw the

https://hcservices.ecourts.gov.in/hcservices/

pipe at the place of occurrence and fled away from the scene. One

Arumugam and few other persons came there and the said Arumugam

took him and admitted him in the Erode Government Hospital.

b. PW.5 Doctor Sivan attached to the said Hospital on

30.4.2000 at 3.35 p.m. gave treatment to the injured and found the

following injuries:-

"1. Scratch 3x2 cm over right feet

2. Scratch 3x3 cm over left leg

3. Scratch 3x4 cm over fore arm and tenderness

over

left fore arm

4. Scratch 2x2 cm over right fore arm

5. Contusion over right chest, lower part

6. Lacerated injury of 6x0.5x0.5 cm over left side

head."

and issued wound certificate Ex.P4. PW.7 Doctor Ramasamy attached

to the said Hospital issued a X-ray report Ex.P5 in respect of the

injuries sustained by the injured.

c. On receipt of information from the said Hospital, PW.8

Shanmugam Head Constable attached to the Chennimalai Police Station

went to the Hospital and examined the injured and recorded his

statement Ex.P1 and came to the Police Station and registered a

case in Cr.198/2000 for the offence under Section 307 of IPC and

prepared printed FIR Ex.P6 and sent the copies of case documents to

the concerned court and the officials.

d. On receipt of FIR, PW.9 Arumugam, Inspector of Police

attached to the said Police Station took up the case for further

investigation and went to the place of occurrence and examined the

witnesses Chinnakaruppan, Chinnarangan and prepared observation

mahazar Ex.P2 and a rough plan Ex.P7 in the presence of the

witnesses and seized MO.1 iron pipe under Ex.P3 in the presence of

the witnesses and arrested the accused and sent him for judicial

custody and went to the Hospital and examined the injured and his

wife and the witnesses and recorded their statements and examined

the Doctors who gave treatment to the injured and recorded their