{"id":66288,"date":"2005-07-26T00:00:00","date_gmt":"2005-07-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-by-vs-palani-on-26-july-2005"},"modified":"2014-12-27T12:41:06","modified_gmt":"2014-12-27T07:11:06","slug":"state-by-vs-palani-on-26-july-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-by-vs-palani-on-26-july-2005","title":{"rendered":"State By vs Palani on 26 July, 2005"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">State By vs Palani on 26 July, 2005<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS           \n\nDated: 26\/07\/2005 \n\nCoram \n\nTHE HON'BLE MR. JUSTICE N.DHINAKAR        \nand \nTHE HON'BLE MR. JUSTICE M.CHOCKALINGAM           \n\nCRL.A. No.566 of 1999 \n\nState by\nPublic Prosecutor,\nHigh Court, Madras.             ...     Appellant\n\n-Vs-\n\n1.Palani\n2.Kandan \n3.Velu\n4.Munusamy   \n5.Lakshmanan  \n6.Chinnathambi \n7.Durai\n8.Murugan \n9.Rajavelu\n10.Raman  \n11.Ramasamy   \n12.Balakrishnan \n13.Subramani \n14.Kutta Velu\n15.Veerasamy                                    ...     Respondents\n\n\n        Criminal Appeal filed under  section  374  of  the  Code  of  Criminal\nProcedure   against   the   judgment  passed  by  the  I  Additional  Sessions\nJudge-cum-Chief Judicial Magistrate, Krishnagiri in S.C.No.109 of  1990  dated\n01.04.1999.\n\n!For Appellant  ..      Mr.S.Jayakumar,\n                        Addl.  Public Prosecutor\n\n^For Respondents        ..      Mr.R.Sankarasubbu\n\n\n:JUDGMENT   \n<\/pre>\n<p>(Judgment of the Court was delivered by<br \/>\nM.CHOCKALINGAM, J.)     <\/p>\n<p>        Aggrieved  over  the  judgment  of the Court of Session, Dharmapuri in<br \/>\nSessions Case No.109 of 1990, acquitting all the respondents, who  are  15  in<br \/>\nnumber, the State has brought forth this appeal.  The respondents\/accused 1 to<br \/>\n15 stood charged and tried as follows :\n<\/p>\n<p>        Accused  1  to  15 were charged under Sections 148, 449 and 396 of the<br \/>\nIndian Penal Code.\n<\/p>\n<p>        Accused 1 was charged under Section 302 of the Indian Penal Code.<br \/>\n        Accused 2 to 15 were charged under Section 302 read with  149  of  the<br \/>\nIndian Penal Code.\n<\/p>\n<p>        Accused  1  to  3, 6, 7 and 9 were charged under Section 395 read with<br \/>\n397 of the Indian Penal Code.\n<\/p>\n<p>        Accused 1 to 3, 5 to 7, 11 and 12 were charged under  Section  342  of<br \/>\nthe Indian Penal Code.\n<\/p>\n<p>        Accused  1, 2, 5, 11 &amp; 12 were charged under Section 427 of the Indian<br \/>\nPenal Code.\n<\/p>\n<p>        Accused 1 to 3, 5 to 7 11, 12 were  charged  under  Section  342  (  2<br \/>\ncounts) of the Indian Penal Code.\n<\/p>\n<p>        Accused  1  and  2  were charged under section 324 of the Indian Penal<br \/>\nCode.\n<\/p>\n<p>All the accused were acquitted of all the charges levelled against them.\n<\/p>\n<p>        2.  The short facts necessary for the disposal of this appeal  can  be<br \/>\nstated thus :\n<\/p>\n<p>        (a) P.Ws.1  and 2 are the sons of the deceased Sengoda Gounder.  P.W.3<br \/>\nis the wife of the deceased.  All the prosecution witnesses were  residing  at<br \/>\nMariampatti.  The  accused  belong  to a nearby village Karuvelampattu.  There<br \/>\nhad been a long standing enmity between the families of the deceased  and  the<br \/>\naccused for  about  more  than two decades.  Sengoda Gounder owned 20 acres of<br \/>\nland near the lands belonging to accused 1, 2, 4 and 5.  Sengoda  Gounder,  in<br \/>\norder  to  go  to  his  land,  has  to  necessarily go through the land of the<br \/>\naccused.  When the tractor belonging to Sengoda Gounder went by  that  way  in<br \/>\nthe year 1985, it was prevented and when the family members of Sengoda Gounder<br \/>\nquestioned the  accused,  they were assaulted.  A criminal case was pending on<br \/>\nthe file of the Judicial Magistrate, Harur.  On the  other  occasion,  in  the<br \/>\nyear 1988, the tractor driver of Sengoda Gounder and P.W.2 were also assaulted<br \/>\nand a criminal case was also initiated in this regard and the same is pending.<br \/>\nAccused  1  and 2 tried to purchase the lands of one Thottammal and Lingammal,<br \/>\nbut their intention did not fructify.  The accused thought that it was only at<br \/>\nthe instigation of the prosecution parties,  they  could  not  purchase  those<br \/>\nlands and all these let to inimical terms between the parties.\n<\/p>\n<p>        (b)  On  20.01.1989  at about 08.00 pm when P.Ws.1 and 2 were watching<br \/>\ntelevision and P.W.3 was in the main hall of the house and Sengoda Gounder was<br \/>\nalso in the kitchen, all the accused armed with deadly weapons came  into  the<br \/>\nhouse and  called the inmates of the house.  When they came outside, the first<br \/>\naccused attacked P.W.3 with knife on her head and hand.   Accused  2  attacked<br \/>\nwith an  iron  rod  on  the  legs  of  P.W.3.  Accused 2, 6 and 7 attacked the<br \/>\ndeceased with crow bar.  Accused-1 cut the deceased on the  head  with  knife.<br \/>\nAccused 1 also attacked P.W.1 with an aruval on his head and on the left hand.<br \/>\nAccused 2  and 6 beat with an iron rod on P.W.1&#8217;s right hand.  Accused 2 and 6<br \/>\nwith an iron rod attacked on P.W.1&#8217;s right hand.  They chased  P.    W.2,  but<br \/>\nP.W.2 went out by climbing over the rice bags and by removing the tiles in the<br \/>\nroof of  the  house.   P.W.1, the deceased, and P.W.3 were tied by the accused<br \/>\nwith ropes.  Muthu Gounder, the father  of  the  deceased  and  Periakka,  the<br \/>\nmother of  the  deceased  were also attacked by the accused.  The accused took<br \/>\nthe almirah key from P.W.3 and opened it and took away the  jewels  and  money<br \/>\nfrom there.    They  also damaged the television, telephone and other valuable<br \/>\narticles.  Sengoda Gounder and the other witnesses could not move as they were<br \/>\ntied.  P.W.2, who ran away from the house met P.W.4  and  informed  about  the<br \/>\nsituation and in his cycle they went to Kambainallur police station.  There, a<br \/>\npolice  constable,  who  was  not  conversant  with Tamil was alone available.<br \/>\nTherefore, he could not give anye information to the police constable.   P.W.2<br \/>\nreturned  home  by  taking  a  jeep, which was in front of the police station.<br \/>\nP.W.2, on finding his parents and brother tied, untied them and took  all  the<br \/>\ninjured  witnesses  to  the  Government  Hospital, Dharmapuri and they reached<br \/>\nthere at 09.40 pm.<\/p>\n<p>        (c)  P.W.12,  the  doctor  attached  to   the   Government   Hospital,<br \/>\nDharmapuri, medically examined Sengoda Gounder at about 09.00 pm and found the<br \/>\nfollowing injuries on him :\n<\/p>\n<p>1.A lacerated injury left leg near knee of 2 cm x 1 cm x muscle deep.\n<\/p>\n<p>2.A  lacerated  injury left leg of 2 cm x 1 cm x muscle deep 10 cm from injury\n<\/p>\n<p>1.\n<\/p>\n<p>3.A lacerated injury left leg near ankle of 2 cm x 1 cm x muscle deep.\n<\/p>\n<p>4.A lacerated injury right leg of 2 cm x 2 cm muscle deep.\n<\/p>\n<p>5.A lacerated injury left side forehead of 3 cm x 2 cm x bone depth.\n<\/p>\n<p>6.A lacerated injury near left eyebrow of 5 cm x 3 cm x bone depth.\n<\/p>\n<p>7.A contusion left forearm of 15 cm x 4 cm x skin colour.\n<\/p>\n<p>8.A contusion over the upper lip of 5 cm x 3 cm x  skin  colour  with  missing<br \/>\nteeth.\n<\/p>\n<p>9.C\/o pain abdomen.\n<\/p>\n<p>10.A lacerated injury in the parietal region of 2 cm x 3 cm x bone depth.<br \/>\nHe issued  Ex.P.57  a copy of the accident register.  The doctor also examined<br \/>\nP.W.1 at 09.50 am and has issued a wound certificate, Ex.P.24 , wherein he has<br \/>\nnoted the following injuries:\n<\/p>\n<p>1.  A lacerated injury left elbow of 3 cm x 2 cm x skin depth.\n<\/p>\n<p>2.A contusion right elbow and forearm of 10 cm x 5 cm x skin colour.\n<\/p>\n<p>3.A lacerated injury right occipito-parietal region 5 cm x 2 cm x skin depth.\n<\/p>\n<p>4.A contusion left lateral Malleolus of 5 cm x 3 cm x skin colour.\n<\/p>\n<p>5.A contusion centre of back 10 cm x 3 cm x skin colour.\n<\/p>\n<p>At 10.00 pm, P.W.12 examined Periakkal, the mother of  the  deceased  for  her<br \/>\ninjuries and found the following injuries on her person:\n<\/p>\n<p>1.A lacerated injury right thumb of 5 cm x 3 cm x skin depth.\n<\/p>\n<p>2.A lacerated injury right forearm of 5 cm x 2 cm x skin depth.\n<\/p>\n<p>3.A contusion right leg of 10 cm x 3 cm x skin colour.\n<\/p>\n<p>4.A contusion left elbow of 5 cm x 3 cm x skin colour.\n<\/p>\n<p>He issued  wound  certificate,  Ex.P.25.   Thereafter, at 10.20 pm, the doctor<br \/>\nexamined Muthu Gounder and found the following injuries on him, which  he  had<br \/>\nmarked in Ex.P.26:\n<\/p>\n<p>1.  A lacerated injury right forehead of 10 cm x 1 cm x bone depth.\n<\/p>\n<p>2.A lacerated injury left side forehead 10 cm x 2 cm x bone depth.\n<\/p>\n<p>3.A lacerated injury left side parietal region of 10 cm x 3 cm x bone depth.\n<\/p>\n<p>4.A lacerated injury left thigh of 3 cm x 2 cm x skin depth.\n<\/p>\n<p>5.A contusion right forearm of 5 cm x 3 cm x skin colour.<br \/>\nP.W.3  was examined by the doctor 10.45 pm and a wound certificate Ex.P.27 was<br \/>\nissued narrating the injuries found on her:\n<\/p>\n<p>1.A lacerated injury centre of parietal region of 10 cm x 2 cm x bone depth.\n<\/p>\n<p>2.A contusion right knee of 5 cm x 3 cm x skin depth.\n<\/p>\n<p>        (d) On intimation from the hospital, a constable Ramasamy attached  to<br \/>\nKambainallur  Police  Station went to the Government Hospital and recorded the<br \/>\nstatement of P.W.1.  Ex.P.1 is the said statement.  In the  meantime,  Sengoda<br \/>\nGounder, who  was  undergoing  treatment  succumbed  to  the injuries.  On the<br \/>\nstrength of Ex.P.1, a case in crime No.4\/89 came  to  be  registered  for  the<br \/>\noffences  punishable  under  sections 147, 448 , 323, 324, 325, 307 and 302 of<br \/>\nthe Indian Penal Code.  Express reports were  prepared.    The  printed  first<br \/>\ninformation report, Ex.P.39 was sent to Court.\n<\/p>\n<p>        (e)  P.W.16, the Inspector of Police took up investigation in the case<br \/>\nand proceeded to the Government Hospital,  Dharmapuri.    There  he  conducted<br \/>\ninquest  over  the  dead body of the deceased in the presence of the witnesses<br \/>\nand panchayatdars between 05.30 am and 08.30 am and prepared  Ex.P.40  inquest<br \/>\nreport.   After  the completion of inquest he issued a requisition, Ex.P.29 to<br \/>\nthe doctor for conducting postmortem.\n<\/p>\n<p>        (f) Immediately after issuing requisition P.W.16 went to the place  of<br \/>\noccurrence.   He summoned the finger print experts to the place of occurrence.<br \/>\nHe reached the place of  occurrence  at  09.00  am  and  in  the  presence  of<br \/>\nwitnesses  he prepared an observation mahazar, Ex.P.2 and drew a rough sketch,<br \/>\nEx.P.41.  He seized M.Os.19 to 21, which were produced by P.W.10,  the  finger<br \/>\nprint expert,  under  a  mahazar, Ex.P.3.  The broken articles in the house of<br \/>\nthe deceased, M.Os.1 to 6 were recovered from the scene of occurrence under  a<br \/>\nmahazar, Ex.P.4.    The  other  material  objects No.22 to 27 were also seized<br \/>\nunder a mahazar, Ex.  P.5.\n<\/p>\n<p>        (g)  P.W.13,  the  doctor  attached  to   the   Government   Hospital,<br \/>\nDharmapuri,  pursuant  to  the  requisition, Ex.P.29, conducted autopsy on the<br \/>\nbody of the deceased at 10.30 am and found the following injuries on the  body<br \/>\n:\n<\/p>\n<p>1.A Sutured wound on the left side of forehead crossing midline 3 cms long.\n<\/p>\n<p>2.A sutured wound above left eye brow 5 cms long.\n<\/p>\n<p>3.Two abrasions right side face 2 cms x 1 cm each.\n<\/p>\n<p>4.A sutured wound in left parietal region 3 cms.\n<\/p>\n<p>5.A contusion in upper lips 3 x 2 cms.\n<\/p>\n<p>6.Two linear abrasions in right shoulder 3 x + cm each.\n<\/p>\n<p>7.A diffused contusion in left forearm 15 cms x 12 cms.\n<\/p>\n<p>8.A sutured wound below left knee 2 cms long.\n<\/p>\n<p>9.Sutured wound left leg mid 1\/3, 2 cms long.\n<\/p>\n<p>10.A sutured wound in left leg near ankle 2 cms.\n<\/p>\n<p>11.Sutured wound right leg mid 1\/3 2 cms.\n<\/p>\n<p>12.Central,  lateral,  incisor  &#8211;  upper  jaw  missing  with laceration of gum<br \/>\nmargins\/cavities filled with blood clot.\n<\/p>\n<p>He issued Ex.P.30 postmortem certificate with his opinion  that  the  deceased<br \/>\nwould appear to have died of shock and haemorrhage due to head injury.\n<\/p>\n<p>        (h)  On 22.01.1989 P.W.16 went the Government Hospital, Dharmapuri and<br \/>\nexamined the injured witnesses.  He came to know that on 04.02.1989 accused 1,<br \/>\n2, 3 and 6 surrendered before the Judicial Magistrate, Salem.  Accused 4 and 5<br \/>\nwere arrested on 04.02.1989 at 12.30 pm.  At that time they  voluntarily  gave<br \/>\nconfessional  statements,  the  admissible  portions  of such statements stood<br \/>\nmarked as Exs.P.6 and  42.    Pursuant  to  the  admissible  portions  of  the<br \/>\nconfession  statements,  accused  4 and 5 produced iron pipes, M.Os.29 and 30,<br \/>\nwhich were recovered under mahazar, Ex.P.5.  On 08.02.1989 accused 1 to 3  and<br \/>\n6 were  taken  to  police custody.  All the accused joined together and gave a<br \/>\nconfession.  The admissible portion  of  the  said  confession  is  marked  as<br \/>\nEx.P.43.   Pursuant  to  Ex.P.43,  the  weapons,  M.Os.7 to 11, 14 and 31 were<br \/>\nseized under a mahazar, Ex.P44.  Accused 14  was  arrested  on  13.02.1989  at<br \/>\n06.30  am  and  he  gave a confession statement, the admissible portion stands<br \/>\nmarked as Ex.P.8.  Pursuant to Ex.P.8, iron pipe, M.O.28 was  produced,  which<br \/>\nwas seized  under  a  Ex.P.9 mahazar.  On 15.02.1989 at 08.30 pm accused 7, 8,<br \/>\nand 9 were arrested.  Accused 7 gave a confession  statement,  the  admissible<br \/>\nportions are  marked  as Exs.P.45, P.47 and P.48 respectively.  Accused 10 was<br \/>\nalso arrested and he also gave a confession statement, the admissible  portion<br \/>\nis marked as Ex.P.49.  All these accused produced M.O.15 aruval, and the money<br \/>\ntaken  from  the house of the deceased, M.Os.33, 34, 35, iron rod, M.O.12 were<br \/>\nseized under mahazars, Ex.P.50 and P.51.  Accused 9 was also arrested at 11.30<br \/>\npm and he produced M.Os.36, 37 money and M.O.13 crow bar,  which  were  seized<br \/>\nunder a  mahzar,  Ex.P.52.    Accused  10 produced some money, M.O.38 and iron<br \/>\npipe, M.O.39 under a mahazar, Ex.P.53.  Accused 11 was arrested on  10.03.1989<br \/>\nand  pursuant  to  the  admissible portion of the voluntary statement given by<br \/>\nhim, Ex.P.54, he produced M.O.41 iron rod,  M.O.42  and  43  money  and  stamp<br \/>\npapers, which  were  seized  under  a  mahazar, Ex.P.56.  The material objects<br \/>\nrecovered from the place of occurrence, from the dead body of the deceased and<br \/>\npursuant to  the  confession  statement  given  by  the  appellants  were  all<br \/>\nsubjected to  chemical  analysis.    The  reports  of the chemical analyst are<br \/>\nExs.P.35 and P.36 and the reports of the Serologist are Exs.P.37 and P.38.  On<br \/>\ncompletion of the investigation final report was filed  by  the  Investigating<br \/>\nOfficer on  25.10.1989.    The  case was committed to the Court of Session and<br \/>\nnecessary charges were framed as mentioned above.\n<\/p>\n<p>        3.   In  order  to  substantiate  the  charges  levelled  against  the<br \/>\nappellants\/accused,  the  prosecution  marched  16  witnesses and relied on 59<br \/>\nexhibits and 44 material objects.  On completion of the evidence on  the  side<br \/>\nof  the  prosecution, all the accused were questioned under Section 313 of the<br \/>\nCode of Criminal Procedure as to the incriminating circumstances found in  the<br \/>\nevidence  of  the  prosecution  witnesses,  and they flatly denied the same as<br \/>\nfalse.  No witness was examined on their side.  The report of the finger print<br \/>\nexpert is marked as Ex.D1.  After hearing both sides, the trial Court  was  of<br \/>\nthe opinion that the prosecution has not proved its case beyond all reasonable<br \/>\ndoubts and found the accused not guilty and acquitted all of them.  Hence, the<br \/>\nappeal by the State.\n<\/p>\n<p>        4.   Learned  counsel  for the State, inter alia, would submit that in<br \/>\nthe instant case the injured witnesses are examined as P.Ws.1  and  3.    They<br \/>\nhave thoroughly narrated the occurrence.  Immediately after the occurrence the<br \/>\ninjured  witnesses  and  the  deceased were taken to the hospital, where P.W.1<br \/>\ngave a statement on the basis of which a case came to be registered.  All  the<br \/>\naccused  at  the  time of arrest have given confession statements, pursuant to<br \/>\nwhich the weapons and the money and other valuable  materials  connecting  the<br \/>\naccused with the crime have also been recovered by the investigation.\n<\/p>\n<p>        5.   Added  further  the  learned counsel for the State that all these<br \/>\ninjured witnesses were medically examined and their  wound  certificates  have<br \/>\nbeen  produced  before  the  Court,  where  they have clearly stated as to who<br \/>\nattacked them.\n<\/p>\n<p>        6.  The learned counsel would also submit that  the  trial  Court  has<br \/>\nacquitted  all  the accused on filmy grounds, which should not have been given<br \/>\nany weight at all.  Under the circumstances, the judgment of the  trial  Court<br \/>\nhas  to  be  set  aside and the appellants have to be dealt with in accordance<br \/>\nwith law.\n<\/p>\n<p>        7.  The Court heard the learned counsel for  the  respondents  on  the<br \/>\nabove contentions.\n<\/p>\n<p>        8.   It  is not in controversy that Sengoda Gounder, P.Ws.1 and 3 were<br \/>\nattacked at the time of occurrence.    Apart  from  that  Periakka  and  Muthu<br \/>\nGounder  were  also  attacked  and  they  were taken to the hospital and wound<br \/>\ncertificates have also been produ before the Court.  It is also  evident  from<br \/>\nthe  evidence  of  P.W.13, the doctor, who conducted postmortem on the body of<br \/>\nSengoda Gounder and from Ex.P.30 postmortem certificate  issued  by  him  that<br \/>\nSengoda  Goudner  died on account of the injuries sustained by him at the time<br \/>\nof the occurrence and the injured  sustained  injuries  at  the  time  of  the<br \/>\noccurrence.  Hence, it can be safely held so.\n<\/p>\n<p>        9.   It  is  the  case  of  the  prosecution  that  on the date of the<br \/>\noccurrence at 08.00 pm P.Ws.1 to 3 and the deceased were in their house.   All<br \/>\nthe  accused  armed  with  deadly weapons came inside their house and attacked<br \/>\nSengoda Gounder and other witnesses, caused damages to the articles  and  fled<br \/>\naway from  the  place  of  occurrence.  It has to be pointed out at this stage<br \/>\nthat according to P.W.2, while the occurrence was going on, he ran  away  from<br \/>\nthe  house  by  removing a tile of the roof and he met P.W.4 on his way and he<br \/>\nand P.W.4 went to the police station, where he could not give a  report  about<br \/>\nthe  occurrence  to the constable, since the constable was not conversant with<br \/>\nTamil.  But this version was falsified by the version of P.W.4.  According  to<br \/>\nP.W.4,  he  accompanied  P.W.2 in a cycle and they went to Kambainellur Police<br \/>\nStation, where a police constable was available to whom P.W.2 gave the details<br \/>\nof the crime and that was recorded.  This evidence of P.  W.4 contradicts  the<br \/>\nevidence of P.W.2.\n<\/p>\n<p>        10.  According to the prosecution, a case came to be registered on the<br \/>\nstrength  of Ex.P.1, report given by P.W.1 at the Government Hospital at 11.30<br \/>\npm to a police constable Ramasamy.  From the evidence of P.W.4,  it  would  be<br \/>\nquite  clear  that  a  statement  was  recorded by the constable in the police<br \/>\nstation even before Ex.P.1 was recorded in the hospital.  But  that  statement<br \/>\nis not  placed  before  the Court.  In such circumstances, a duty is cast upon<br \/>\nthe prosecution to examine  the  Constable  Ramasamy,  who  according  to  the<br \/>\nprosecution, recorded the statement, Ex.P.1 at the hospital from P.W.1, but he<br \/>\nwas  not examined and thus it casts a doubt whether Ex.P.1 produced before the<br \/>\nCourt was the earliest document, which came into existence.\n<\/p>\n<p>        11.  The second circumstance, as rightly pointed out by  the  Sessions<br \/>\nJudge,  was  the  statement  given  by  P.W.1  to doctor, P.W.12, which is the<br \/>\nearliest version about the occurrence.   P.W.12  has  recorded  in  the  wound<br \/>\ncertificate,  Ex.P.24  issued  in  respect of the injuries found on P.W.1 that<br \/>\nP.W.1 has stated that he was attacked by unknown persons.   It  is  seen  that<br \/>\nP.W.1 was a college student and admittedly he knew the accused all along.  Had<br \/>\nit been true that P.W.1 and other witnesses were attacked by known persons and<br \/>\nparticularly  the  accused, with whom they had long standing enmity, there was<br \/>\nno impediment for P.W.1 to give the names of the accused, but he has not  done<br \/>\nso.  This also casts a doubt on the case of the prosecution.\n<\/p>\n<p>        12.   The next circumstance is that the finger print expert was called<br \/>\nby the Investigating Officer to the scene of  occurrence,  who  also  came  to<br \/>\nthere and  has  also  given  a  report.  The finger print expert, who gave the<br \/>\nreport was examined  as  P.W.10.    His  report,  though  not  marked  by  the<br \/>\nprosecution, was  marked  by  the defence as Ex.D1.  A reading of Ex.D1 report<br \/>\nwould clearly reveal that he was called to examine the finger prints available<br \/>\nat the scene of occurrence, since the accused were  not  known.    This  would<br \/>\nclearly  indicate  that  at  the  time of investigation on the next day of the<br \/>\noccurrence, the Investigating  Officer  did  not  know  as  to  who  were  the<br \/>\nassailants.   This  throws much doubt on Ex.P.1 complaint alleged to have been<br \/>\ngiven at 11.00 pm by P.W.1 to the Constable.\n<\/p>\n<p>        13.  It is also pertinent to note that Muthu  Gounder,  who  was  also<br \/>\ninjured  at  the  time  of  occurrence,  according to the prosecution, was not<br \/>\nexamined as he died two months prior to the date on which P.W.1 gave  evidence<br \/>\nin court.    Ex.P.57,  the  copy  of  the  accident register in respect of the<br \/>\ninjuries found on Muthu Gounder was marked in  Court  and  the  original  when<br \/>\ndisputed  was called for after a period of ten years from the hospital, but it<br \/>\nis pertinent to point out that there is a discrepancy with regard to an  inter<br \/>\nlineation,  which  was  available in the original, but was not in the copy and<br \/>\nthis would cast a doubt whether the said Muthu Gounder was attacked at all  at<br \/>\nthe time of the occurrence.\n<\/p>\n<p>        14.  It is also to be noted that P.W.3 has even informed to the doctor<br \/>\nthat  she was attacked by an iron rod and hence she gave evidence that she was<br \/>\nattacked by iron rod.  But the medical evidence did not support her evidence.\n<\/p>\n<p>        15.  In the instant case since Ex.P.1 is doubtful and injured  witness<br \/>\nP.W.1 has stated to the doctor that he was attacked by unknown persons and the<br \/>\nsummoning  of  the  finger  print  experts  to  the scene of occurrence by the<br \/>\nInvestigating Officer to find out the culprits would all indicate that all  is<br \/>\nnot well with the case of the prosecution.\n<\/p>\n<p>        16.   Under  the  circumstances, the benefit of doubt to which accused<br \/>\nare entitled to, has to be given to them and it was accordingly given to  them<br \/>\nby the  lower  Court.   The lower Court has rightly found that the prosecution<br \/>\nhas not proved its case  beyond  all  reasonable  doubts  and  therefore,  the<br \/>\njudgment  of  the  trial  Court  has  to  be  sustained  and it is accordingly<br \/>\nsustained.  The appeal fails and it is accordingly dismissed.\n<\/p>\n<p>Index:  Yes<\/p>\n<p>Internet:Yes<\/p>\n<p>mf<\/p>\n<p>To<\/p>\n<p>1.The I Additional Sessions Judge-cum-\n<\/p>\n<p>        Chief Judicial Magistrate, Krishnagiri.\n<\/p>\n<p>2.-do- through the Principal Sessions Judge,<br \/>\nKrishnagiri.\n<\/p>\n<p>3.The Judicial Magistrate, Harur,<br \/>\nDharmapuri District.\n<\/p>\n<p>4.The Inspector of Police,<br \/>\nKambainallur Police Station,<br \/>\nDharmapuri District.\n<\/p>\n<p>5.The Public Prosecutor,<br \/>\nHigh Court, Madras.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court State By vs Palani on 26 July, 2005 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 26\/07\/2005 Coram THE HON&#8217;BLE MR. JUSTICE N.DHINAKAR and THE HON&#8217;BLE MR. JUSTICE M.CHOCKALINGAM CRL.A. No.566 of 1999 State by Public Prosecutor, High Court, Madras. &#8230; Appellant -Vs- 1.Palani 2.Kandan 3.Velu 4.Munusamy 5.Lakshmanan 6.Chinnathambi 7.Durai 8.Murugan [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-66288","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>State By vs Palani on 26 July, 2005 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/state-by-vs-palani-on-26-july-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State By vs Palani on 26 July, 2005 - Free Judgements of Supreme Court &amp; 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