Aniruddha Bose ORDER
1. Leave granted.
2. These connected appeals have been preferred against the judgment dated 01.11.2018 of the High Court of Madras which upheld Murali's (Appellant in SLP (Crl) No. 10813/2019) conviction Under Sections 324 and 341 of the Indian Penal Code, 1860 ("IPC") with a sentence of three months' rigorous imprisonment, and Rajavelu's (Appellant in SLP (Crl) 10814/2019) conviction Under Sections 307 and 341 of Indian Penal Code and sentence of five years' rigorous imprisonment.
3. The prosecution case, in brief, is that on 07.08.2005, one Senthil had a verbal altercation with Kumar (original Accused No. 3) and Krishnan (original Accused No. 5) during a volleyball match. The injured-victim (Sathya @ Sathiyajothi) came to the aid of his friend Senthil and opposed both Kumar and Krishnan. Thereafter at about 2:30PM on 09.08.2005, the Appellants - Rajavelu and Murali (original Accused Nos. 1 and 2) along with Muthu, Kumar and Krishnan (original Accused Nos. 3, 4 and 5) cornered the victim and assaulted him. Murali allegedly struck the victim on his head with a hockey stick and Rajavelu tried to kill him by giving a neck blow with a Veechu Aruval (sharp-edged object), which was fortunately blocked by the victim. In the process, the left hand of the victim and the thumb and finger of his right hand got severed. The victim was able to escape and the matter was reported by his friend, PW-1. All five persons were arrested. It further led to registration of Crime No. 531 of 2005 Under Sections 147, 148, 341, 352, 323, 324, 307 and 34 of the Indian Penal Code.
4. Relying upon the testimony of the victim (PW-3), which was held to be unimpeachable and stellar, the Assistant Sessions Judge-cum-Chief Judicial Magistrate, Cuddalore, vide his judgment dated 28.01.2012 held Murali guilty of wrongfully restraining the victim and voluntarily causing hurt with a dangerous weapon. Based upon the medical evidence and recovery of the Veechu Aruval from Rajavelu, the trial Court further opined that the second-Appellant (Rajavelu) had a clear intention to murder the victim and that if not for the victim defending himself, a fatal injury would have been caused to his neck and he would have died instantaneously. Consequently, a concurrent sentence of three months' rigorous imprisonment Under Section 324 Indian Penal Code and one-month rigorous imprisonment Under Section 341 Indian Penal Code was imposed on Mur........