The Appellant was tried in S.C. No. 125 of 1988 on the file of the 8th Assistant Sessions Judge, Madras, under three heads of charges.The first charge was for an offence under Section 452, I.P.C., on the allegation that on 25-4-1986 between 9 and 10 A.M., when P.W. 1 Frederick Kanakaraj, the District Munsif, Ponneri, was travelling in an electric train from Madras Central to reach his work spot, on the way at Ennore Railway Station, the appellant due to prior enmity trespassed into the first class compartment, where P.W. 1, was seated, after having made preparation to attack him.The second charge was framed for an offence under Section 307, I.P.C. alleging that during the course of the same transaction, the appellant attacked P.W. 1, with a koduval knife by chasing the victim, who got down from the first class compartment No. 12252 and got into a second class compartment, to escape from the wrath of the appellant.The third charge was framed for an offence under Section 333, I.P.C. alleging that during the course of the same transaction, due to prior enmity, in that, P.W. 1, had decided against him in a case, caused grievous hurt to P.W. 1, a public servant and prevented him from discharging his duties as such public servant.The trial Judge found the appellant guilty of all the charges and sentenced him as hereunder : In respect of the first charge, the appellant was sentenced to under rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo six months' rigorous imprisonment.Under charge No. 3, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for six months, all the sentences were directed to run concurrently.The facts which led to this prosecution need narration.Federick Kanakaraj, at the relevant time, when this incident had occurred, was working as District Munsif at Ponneri.On every working day he used to leave his residence at Kilpauk, Madras, on his motor cycle and reach the Central Railway Station.After parking his motor cycle at the Central Railway Station stand for motor cycles, he used to take an electric train to reach Ponneri.He had obtained permission from this Court, to stay at Madras and go for his work at Ponneri, daily.Every day he used to board the electric train leaving Madras Central Railway Station at 8.25 a.m. On the fateful day i.e., on 25-4-1986, after parking his motor cycle, he was unable to board the electric train which left Madras at 8.25 a.m., and therefore, had to necessarily take the next train, which left at 9.05 a.m. P.W. 1, boarded the first class compartment in which he was authorised to travel by virtue of the Season Ticket Ex.P. 2 obtained from the Railways.P. 4 is the token-cum-pass issued at the Central Railway Cycle Stand, for the parking of the Motor Cycle of P.W. 1, daily.Along with P.W. 1, P.W. 2, Ravichandran, an Engineer working in the Public Works Department at Gummudipundi and two policemen of whom one has been examined as P.W. 17, travelled in the same compartment.The appellant was known to P.W. 1, earlier.The appellant was known to P.W. 1, since he had deposed before him in the aforementioned proceeding.Nearly 2 1/2 months thereafter, when P.W. 1 was travelling on 25-4-1986 in the electric train, he was as usual perusing the morning newspaper, inside the compartment.He was seated adjacent to the window.P.W. 2 was seated opposite to him.The train had reached the Ennore Railway Station at or about 9.35 a.m. At that time the appellant got into the first class compartment, where P.W. 1, was seated, with a small brief case and stood near the entrance to the compartment.The appellant wished P.W. 1 which was reciprocated by the latter.Subsequently the appellant nearer the place where P.W. 1 was seated and suddenly, unexpected by P.W. 1, opened the brief case, removed a koduval and stating "you have written a judgment against me.Even then, the appellant chased and the next cut aimed by the appellant fell on the right hand of P.W. 1, between the thumb and the index finger.P.W. 1, further ran and got into a second class compartment.The appellant, who followed P.W. 1, also got into the second class compartment and again attacked P.W. 1 with the Koduval.P.W. 1, attempted to ward of the cuts and in the process sustained injuries in the left and right hands.The right ring finger and half of the little finger were precariously hanging due to the cut injuries inflicted by the appellant.The public who were aghast and who had crumbled away, re-gathered and one of them threw a water drum at the appellant and another beat him with an iron rod.Due to the beating with the iron rod, the koduval held by the appellant fell down.Later several members of the public beat the appellant.Soon thereafter P.W. 3, Jayapalan, the Judicial Second Class Magistrate, Ponneri, P.W. 4, Rasish, the Sub-Divisional Judicial Magistrate, Ponneri, P.W. 5 Munirathinam, the Assistant Public Prosecutor, Ponneri and P.W. 6, Susairaj, an Advocate normally practising at Ponneri and Susheela, not examined, an Examiner in the Court of P.W. 1, helped P.W. 1, to alight from the second class compartment.They boarded him in a tricycle, to take him to the Ennore Police Station.On the way, P.W. 21, the Sub-Inspector of Police, Ennore, came in a Mini Bus.He stopped the bus and put P.W. 1 in the Mini Bus, along with P.Ws. 3, 4 and 5 to be taken to the Government General Hospital, Madras, for treatment.P.W. 17, Rathinaswamy, a constable attached to the Railway Protection Force, Madras Central Railway Station, who was travelling along with another Railway Reserve-Constable 209 in the Compartment in which P.W. 1, was travelling, had witnessed the attack on P.W. 1 by the appellant, after the latter had uttered the challenging words incorporated earlier in this judgment.He has also spoken about the threat administered by the appellant, when he and others attempted to restrain him.P.W. 17 noticed P.W. 1, running towards the room of the station-master and the appellant chasing him.Regarding this incident, P.W. 17 informed the Inspector of Police, Central Railway Station, over the telephone.Meanwhile, the public had apprehended the appellant and had kept him in the platform, opposite to the waiting room.He had also noticed P.Ws. 3, 4 and 5 taking P.W. 1 out of the Railway Station.sound over the dorsal and outer border.Left index ulnar aspect 2" mid finger over tip.1" left forearm on dorsum 1".He also opined, that the head injuries noticed by him, would have endangered the life of the person, if immediate and proper treatment had not been given.He had also advised X-ray being taken.Though the patient was conscious, alert and answered to questions, his condition was serious.Soon after blood groupong was done, blood transfusion was commenced.He was listed as a dangerously ill patient and was referred to various specialists, for further management.P.W. 22, Chinnaswamy, who was the Inspector, Railway Protection Force, Central Railway Station, received the message, of this occurrence, from P.W. 17 at or about 10 a.m. P.W. 2 informed P.W. 17 to guard the place till he reached the scene.A little later P.W. 17 informed over the telephone, that the injured District Munsif, Ponneri, had been sent in a police van by P.W. 21, the Sub-Inspector of Police, Ennore, for treatment to the hospital, at Madras, P.W. 22 directed P.W. 17 and Constable 209, to keep the apprehended appellant, in proper custody.The second telephonic message was also entered by P.W. 22 in the General Diary.Soon thereafter P.W. 22 proceeded to the Government Stanley Hospital, excepting the victim to be brought over to the said hospital.Since P.W. 1 had not reached the Government Stanley Hospital till 11.45 a.m., over the phone, he contacted the Central Railway Police Station and learnt that P.W. 1, had been taken for treatment to the Government General Hospital, Madras.P. 29 is the printed form of the F.I.R. P.W. 22 seized M.Os.3 to 5 the bloodstained pant, banian and shirt of P.W. 1 under a mahazar Ex.P. 28 at or about 12.25 p.m. Thereafter P.W. 22 proceeded to Ennore Railway Station.P.W. 21 the Sub-Inspector of Police, Ennore Police Station, received a message over the telephone, at or about 10 a.m. on 25-4-1986 from the Superintendent, Ennore Railway Station that a person, had cut the Ponneri District Magistrate, leading to chase and confusion and wanted him to go over to the Railway Station immediately.When the phone call was received by P.W. 21, Sundaramurthy, Sub-Inspector of Police, Arambakkam (Not examined) was with him.P.W. 21 took Sundaramurthy along with him in the Police mini bus TTH 2513 driven by Manoharan, not examined, and went towards Ennore Railway Station.As he was leaving for Ennore Railway Station, the same information regarding the incident, was conveyed to him by police constable, who had arrived there then.When the van had travelled about 100 metres, he noticed a tricycle coming in the opposite direction, in which P.W. 1, was being taken by P.Ws. 3 to 5 towards the Ennore Police Station.He found P.W. 1 with several cut injuries.P.W. 21 directed the Sub-Inspector of Police, Sundaramurthy, to accompany the injured, along with P.Ws. 3 to 5 in the mini bus, to the Government General Hospital.P.W. 4 told P.W. 21, that the assailant of P.W. 1, had been kept at the Ennore Railway Station.After the bus left, P.W. 21 went to the Ennore Railway Station.He found the appellant kept detained opposite to the first class waiting room.He found simple injuries on the appellant.At the main entrance to the station, he found a green drum.A little distance away he noticed an ash colour brief case.As little further away an aruval was found with bloodstains.P.W. 21 noticed bloodstains, near the board "First Class Ladies", on the Platform.Soon thereafter from the Ennore Railway Station, he telephoned to the Inspector of Police, Madras Central Railway Station.The latter directed him to keep guard and promised to go over there.At or about 2.15 p.m. P.W. 22 arrived at the Ennore Railway Station.P.W. 22, who had arrived, at the Ennore Railway Station, found the appellant in the custody of P.W. 21, P.W. 17 and another constable.P.W. 22 prepared the observation mahazar Ex.P. 7 in the presence of P.W. 11 and another.The scene sketch Ex.P. 30 was also prepared.He seized the bloodstained kuduval, the ash colour suit case containing a cooling glass and a hacksaw blade.He seized two issues of Murasoli dated 18-4-1986 and 24-4-1986, one issue of Dinamani dated 25-4-1986, four bits of bandages, certain notices, an identity card issued in favour of Balaraman, a dividend cheque for Rs. 90/- in favour of the appellant issued by Ashok Leyland, a comb, a prince blade and two more blades, white pant, a multi-coloured half-arm shirt, a kerchief and a ball-point pen.These articles were seized under the mahazar Ex.P. 8, attested by P.W. 11 and another.At 2.50 p.m. P.W. 10 seized the green colour drum M.O. 6 under the mahazar Ex.P. 11, attested by P.W. 13 and another.Under the mahazar Ex.Outside the Ennore Railway Station, he found a Rajdoot Motor Cycle M.O. 19 bearing registration No. T.M.Z. 615, which he seized under the mahazar Ex.P. 10, attested by P.W. 12 and another.On being questioned by P.W. 22, the accused gave a statement, which was recorded by P.W. 22, which was subsequently registered as Crime No. 130 of 1986 for offences under Sections 147, 148, 341, 324 and 336, I.P.C. at 4 p.m. Ex.P. 31 is the printed First Information Report.The accused in the said crime, are stated to be the public.She has opined, that the injuries found on the appellant, could have been sustained, in the manner and time alleged.She had not expressed any opinion in respect of the nature of injuries sustained by the appellant, and had stated that she would be in a position to offer any opinion only after seeing the case sheet and the subsequent treatment given to the injured at the Hospital.P.W. 22 went to the electric train yard along with the official Photographer, P.W. 16 at 5.30 p.m. on the same day.P.W. 22 also prepared an observation mahazar Ex.P. 32 attested by Narsimhan and sridar, not examined.P.W. 22 noticed bloodstains in both the compartments.He scrapped the bloodstains and seized them under the mahazar Ex.He also prepared the sketches of the railway compartments, Exs.M.O. 21 series are the photographs of the compartments.At or about 6 p.m. P.W. 22 went to the Government General Hospital over again.Due to the injuries sustained by him, even after treatment, P.W. 1, used to experience blackout in his eye-sight, sweating and incessant giddiness, resulting in his inability to perform his duties, as efficiently as done earlier.Apart from P.W. 17, P.Ws. 2 to 6 have also been examined as eye-witnesses.He had seen P.W. 1 running towards the station-master's room from near the first class compartment.He had also noticed a person chasing him and cutting him with a koduval.When P.W. 10 went to the room of the stationmaster to telephone about the stoppage of the train he found P.W. 1 with bleeding injuries on the neck and hands.P.W. 1 was seen by him being taken out of the railway station by a few persons.Before sealing he noticed a suit case inside the compartment which he handed over to a boy nearby with a direction to entrust it to the appellant.The occurrence was in broad day light, witnessed by several ocular witnesses.The assailant was caught, even while he was attacking the victim and kept under guard to be handed over to the investigating agency.The seizure, of the weapon of offence and certain other articles belonging to the appellant, was made at the scene soon thereafter.P.W. 17 had deposed that he got into the train along with another police constable 209 at Korukkupet, in the first class compartment where P.W. 1 was seated.P.W. 17 has fixed the presence of P.W. 2 in the said compartment.As soon as the train started at Ennore Railway Station, a person wearing a cement colour pant and shirt with an identical coloured suit case, got into the compartment and stood at the entrance.After the train, started moving, the person, who got into the train, offered his respects to P.W. 1, who reciprocated.P.W. 2 also joined P.W. 17 to restrain the appellant; but the appellant waving his koduval attempted to cut them.Meanwhile P.W. 1 go out of the compartment and went towards the station-master's room, shouting "he is cutting".After witnessing this part of the occurrence, P.W. 17, informed over the telephone from the office of the A.S.I. to P.W. 22, the Inspector of Police, Central Railway Station.P.W. 10 proceeded to the office of the Assistant Station Master to inform his higher authorities about the stoppage of the train at Ennore Railway Station.Under charge No. 2, he was sentenced to ten years rigorous imprisonment and to pay a fine of Rs. 3000/-, in default to undergo rigorous imprisonment for six months.The appellant had filed a redelivery petition in E.A. No. 384 of 1984 in R.C.O.P. No. 34 of 1982 on the file of the Court of the District Munsif, Ponneri.The appellant got in down from the compartment, chased P.W. 1, and attempted to cut with the koduval, on the back of his head.P.Ws. 3 and 5 had P.W. 1 admitted at the General Hospital, Madras, for treatment.P.W. 19 Dr. Rathinaswamy was working as a Casuality Medical Officer, on 25-4-1986, at the Government General Hospital.He examined at 10.30 a.m. the injured P.W. 1, who was alleged to have been attacked by a known person, with knife at Ennore Railway Station at or about 9.35 a.m. on the same day.The injuries noticed by him on P.W. 1, have been noted in Ex.P. 26, the accident Register, which is typed hereunder :-1) Incised wound over the left elbow on the outer aspect exposing the bone 12 c.m. x 5 c.m.2) Incised wound in the first web space of right hand up to metacarpus joint 3".Right little and ring fingers severed at distal phalanx level and less of part of bail of the mid finger.3) Incised wound over the left frontal parietal region 6" Bone deep.4) 3 incised wounds over left occipital region crossing each other, like H5" each.5) Two incised wounds over right occipital region extending up to right ear 6" x 3".6) Incised wound over posterior aspect of right arm exposing triceps 3" x 1" near the elbow up to bone.Abrasion over the abdominal wall.7) Left hand incised wound over the hypothenar eminence 2" disttal palmer crease 2" thumb 7 cm.Immediately P.W. 22 proceeded to the Government General Hospital and found the injured P.W. 1, in Ward No. 1, undergoing treatment.P.W. 1, was conscious.Though the actual time of the recording of this statement has not been stated, it is clear that this statement marked as Ex.P. 6 was registered at or about 1 p.m. at Korukkupet Police Station in Crime No. 129 of 1986 for offences under sections 324, 326 and 307, I.P.C. Ex.P.W. 22 arrested the appellant.He reached Korukkupet Police Station at 4 p.m. Since P.W. 22 noticed injuries on the appellant, he forwarded him for medical examination with a memo to the Stanley Medical Hospital, Madras.She noticed certain injuries on the appellant, stated to have been caused due to an assault by 10 unknown persons with iron rods.The injuries noticed on the appellant by P.W. 23 form part of the accident register extract Ex.P. 36, typed down below.Lacerated injury 2" x 1/2" on the left Parietal region.Lacerated wound on the left index finger at M.P. joint level 2" x 1".Contusion right side forehead 2" x 1".Lacerated wound vertex 2" x 1".Bleeding from the nostrils and complains haemolysis.6. Complains pain on the left hand and the lacerated wound on the left parietal.P.W. 23 directed X-ray to be taken of the appellant.He was admitted as an in-patient.Later in the evening he recorded the statement of P.W. 17 and others.On the same night at Ponneri, he examined P.W. 3, the Judicial Second Class Magistrate.P.W. 22 forwarded the bloodstained articles seized during investigation, through the Judicial Second Class Magistrate, Ponneri, for Chemical analysis.Reverting back to some more facts, the prosecution has exhibited the judgment pronounced by P.W. 1 In E.A. No. 384 of 1984 as Ex.P.W. 1 who was admitted in the Hospital on the date of occurrence had to be an in-patient for a period of six months and one week.P.W. 18 the Head Clerk attached to the Court of the Judicial Second Class Magistrate, speaks about the bloodstained articles M.Os.2 to 5 seized during investigation having been sent for chemical analysis and report, to the laboratory and the receipt of the reports after analysis.Similar the Court forwarded the blood scrapings from the train M.O. 20 and the sample scrapings M.O. 21 from the compartment and bloodstained earth M.O. 17 and sample earth M.O. 18 to the laboratory for analysis and report.P. 24 and P. 25 are the reports of the Chemical Analyst and Serologist respectively.The blood found on the clothes of the accused, the koduval and the scrapings at the Ennore Railway Station and the train compartment, were found to be of human origin.At the time of discharge, P.W. 14 issued the certificate Ex.The discharge summary regarding the patient has been marked at Ex.The X-rays taken, 40 in number, have been produced as M.O. 20 series.He has deposed as follows :-"On the basis of the injuries sustained by the patient noted in the Accident Register at the time of his admission in the Hospital and also on the basis of the subsequent treatment given to the patient at the hospital I have given my opinion as both injuries of grievous in nature.Almost all the injuries sustained by the patient in that alleged occurrence are grievous in nature.All the grievous injuries sustained by the injured P.W. 1 would possibly having caused by a weapon like M.O. 2 Multiple head injury generally endanger the life of the person who sustained a these injuries, the injuries found on P.W. 1 have created permanent disabilities.Because of these permanent disabilities P.W. 1 is having restricted movements in both of his hands.Because of the head injuries sustained by P.W. 1 out of this alleged occurrence even after treatment he will be having sometimes giddiness, and blackout of eyes."He examined P.W. 1 on 4-5-1986 and he examined over again some of the other witnesses during the course of his investigation.The Appellant, when questioned by the trial Court under section 313 of the Criminal Procedure Code, denied his complicity in the crime.He stated that the prosecution witnesses had uttered falsehood.P.W. 15 had dispossessed him contrary to the order of interim stay obtained by him.The motor cycle and the articles seized by the police along with the brief case belonged to him; but they were taken away from his house.He was beaten under a wrong assumption.He admitted having been sent to Stanley Medical Hospital for treatment and his remand to the Judicial custody thereafter.He has further stated that the police had beaten him and he was innocent.Though initially he represented that he had witnesses to be examined on his side, later he gave up that stand.However, he had marked Exs.The learned trial Judge, on an appreciation of the oral and documentary evidence, found the appellant guilty of all the three charges and dealt with him as stated earlier.He also contended, that the injuries on the accused had not been explained by the prosecution, which was an additional factor enuring in favour of the appellant.On coming out from the office of the A.S.I., soon after telephoning to.P.W. 22, he found that the appellant had been caught by the Public and kept near the first class waiting room.The appellant had also injuries on him.P.W. 1 who was tottering due to the injuries sustained by him, was being taken out off the railway station by three Magistrates.The train in which P.W. 1 travelled left the station after sometime and before that P.W. 10, the railway guard had sealed the compartment.A little later, P.W. 21, the Sub-Inspector of Police, arrived at the railway station and P.W. 17 along with P.W. 21 awaited the arrival of P.W. 22, the Inspector of Police, Central Railway Police Station.It has been elicited in cross-examination of P.W. 17 that while he gave the message, he did not inform that the victim was a Magistrate and all that he was able to say was that one person had cut another.A contradiction was pointed that the first paragraph of Ex.P. 29 read as though, that P.W. 17 (P.C. 345) had given a message entered in the General Diary stating, that Balaraman (who was the assailant) had cut indiscriminately the Pon neri District Munsif in the compartment and the platform, at Ennore Railway Station, resulting in tension and disturbance and that the accused Balaraman had been beaten and apprehended by the public.When the fact remains that P.W. 17 had given a message to P.W. 22, that the assailant had been caught, while the victim had been sent to the hospital, nothing serious can turn out, on this alleged discrepancy.It was also pointed out that, according to P.W. 17, P.W. 21 had arrived at Ennore Railway Station only after the train had left, but still P.W. 17 would have it that he saw P.W. 2 talking with P.W. 21 at the railway station, which could not be true, for admittedly P.W. 2 had left in the same train, for Gummudi-pundi.It was further pointed out that Ex. D. 2 the remand report showed that the appellant was travelling in the train even from Kathivakkam, a railway station situated before Ennore Railway Station between Madras and Ennore and, therefore, if the appellant had been in the train earlier, he could not have got into the train for the first time at Ennore Railway Station and, therefore, the evidence of P.W. 17 had to be suspected.The admission of P.W. 17, that he could not normally travel in a first class compartment, was also pressed into service to discredit his version.P.W. 22 had prepared the remand report, on the evidence collected till then during investigation.It may be that the appellant travelled from Kathivakkam in another compartment, for in the evidence, it is clear as deposed to by P.Ws. 1, 2 and 17 that the appellant had got into the first class compartment only at Ennore Railway Station.There is overwhelming evidence connecting the appellant with the crime inclusive of his having been apprehended soon thereafter and, therefore, these contradictions though do exist, cannot exculpate the appellant from the crime.The learned counsel for the appellant was unable to seriously challenge the ocular version of the other eye-witnesses including the victim.As far as the victim is concerned, he contended, that the presence of P.W. 2 had not been mentioned in the first information report and specifically the words alleged to have been used by the appellant while he had attacked him had not been mentioned in the earliest document.If we take note of the shock and fright that should have been experienced by P.W. 1, who had been mercilessly attacked, resulting in several injuries, the non-mention of these details, cannot be taken to throw a doubt on the substratum of the prosecution case, which is not only natural, but rings true as well.P.W. 17 has corroborated the version of P.W. 1, that the appellant had stated those words, that he would make P.W. 1 not to write such judgments any more, while inflicting the cuts.I am satisfied that P.Ws. 1 and 17 had spoken the truth, not only relating to the words spoken by the appellant during the course of the attack, but also its subsequent facets.Of the other eye-witnesses, P.W. 3 was the then Judicial Second Class Magistrate at Ponneri, while P.W. 4 was the Sub-Divisional Judicial Magistrate, Ponneri.P.W. 5 was the Assistant Public Prosecutor in the Court of Sub Divisional Judicial Magistrate, Ponneri, while P.W. 6 was an Advocate practising in the Courts situated at Ponneri.These four witnesses were travelling in a second class compartment from Madras, their destination being Ponneri.P.W. 4 alone had got into the train at Basin Bridge Junction.All these witnesses have uniformly deposed, that at the Ennore Railway Station at or about 9.45 a.m. when the train had halted, they heard a noise, which made them to peep out.They found P.W. 1, who was bleeding in his head, face, and neck, running towards the room of the Station Master shouting "he is cutting".They also found the appellant running behind P.W. 1 with a koduval 1 1/2 in length.They attempted to obstruct the appellant by getting out of the compartment, but they failed in their attempts, since the appellant was brandishing the koduval.They actually saw the appellant cutting P.W. 1 not only in the platform, but also in the second class compartment where P.W. 1 took refuge after he found, that the room of the Station Master had been locked.Except a general suggestion that these witnesses were desirous of helping a Judicial Officer and, therefore, had uttered falsehood, nothing further has been alleged against them.The presence of these witnesses appears to be natural and the further fact of P.Ws. 3 to 5 having taken the injured from Ennore Railway Station to the Government General Hospital, which had been noticed by several of the witnesses, affords additional assurance that they must have seen the incident as spoken to by them.It is rather unfortunate that P.W. 3 had received the first information report from the investigating agency in his Court and had also chosen to reject the petition filed by the appellant for the return of the motor cycle, though he must have been aware that he was an eye-witness to the incident.It appears that P.W. 3 was under the bona fide impression, that in the course of his discharge of duties he had to receive the first information report and pass orders in the return of property petition, though he had taken steps after the filing of the final report, to have the committal proceedings transferred to some other Court.Equally P.W. 4 could have been a little more vigilant in not having accepted the referred charge sheet in the complaint preferred by the appellant in respect of the same incident, since justice must not only be done, but also must appear to have been done.P.Ws. 3 and 4 should have avoided the roles they had played in receiving certain records during investigation.However, I am unable to attribute any sinister motive to these two public servants, who had meticulously deposed about all that they had seen.As far as P.W's 5 and 6 are concerned, one an Assistant Public Prosecutor and the other a member of the Bar, nothing serious had been elicited to discredit their versions.Their versions proclaim them to be witnesses of truth.The names of P.Ws. 3, 5 and 6 had been stated even in the first information report.As far as P.W. 2 is concerned, who is an Engineer working in the Public Works Department at Gummudipundi, the comment was that he had travelled without a ticket and his name does not find a place in the first information report.It was also commented, that though P.W. 22 claims to have examined him at the General Hospital between 7.30 and 8 p.m. on the date of the occurrence, P.W. 2 would have it, that he was examined by a Police Inspector at his office, on the next day.This contradiction is, of course, there.We cannot overlook that P.W. 2 had admitted that he was available at the Government General Hospital on the evening of the occurrence.Therefore, it is quite possible that P.W. 2 was also examined along with other witnesses at the Government General Hospital, since his statement had also reached the Court along with the statements of the other eye-witnesses, on the same date.The non-mentioning of the name of P.W. 2 in the first information report is not a serious lacuna, since P.W. 1 was in great distress when his complaint was recorded.The reason why P.W. 2 had to travel without a ticket on that particular day had not been elicited.I do not have any doubt, that P.W. 2 as confirmed by P.Ws. 1 and 17, must have travelled in the compartment along with them on the fateful morning.Even if the version of P.W. 2 is erased from consideration, the other evidence on record is clear, consistent and overwhelming, that the omission of the version of P.W. 2, would not in any event, make a difference while deciding the guilt or otherwise of the appellant.P.W. 10 the Guard of the train in which P.W. 1 was travelling on 25-4-1986, has deposed to the limited extent that he saw a Judge going towards the room of the Assistant Station Master and the appellant cutting him.He noticed a police man conversing over the phone with them.He saw P.W. 1 with injuries near his neck and on his hands.He further noticed the bloodstained Judge being taken from the second class compartment, outside the railway station.He has spoken about the sealing of the First Class Compartment before the train left Ennore Railway Station.All that they had said is that they were remand prisoners in the same jail where the appellant had been kept and only after they were freed from jail, they would be able to depose in this prosecution.It looks as though that both the witnesses were afraid that harm would befall them if they chose to depose against the appellant, who was a co-prisoner with them.The medical evidence furnished by P.Ws. 19, 20 and 14 certainly support the oral evidence of the ocular witnesses in confirming the portroyal of the occurrence as putforth by the prosecution.P.W. 19 Dr. Rathinaswamy, had seen the injured initially and he had noticed five incised injuries on the head.Injuries 3, 4 and 5 are these incised injuries, Injury No. 3 itself accounting for three incised injuries on the left occipital region crossing each other 5" each.P.W. 19 had also noticed incised injuries on the left and right hands of the victim, coupled with right little finger and ring finger severed at distal phalanx level and loss of part of nail of the middle finger.Further the medical evidence discloses, that certain permanent disabilities had resulted to P.W. 1, in view of the attack by the appellant.The bloodstains taken from the scene of occurrence and from the compartment further lend assurance to the truth of the prosecution case.The learned counsel for the appellant contended that the injuries on the accused had not been explained and that would constitute a serious lacuna.I am unable to agree.at him.There cannot be a discordant note, if it were to be stated, that the motivated appellant, had vindictively attacked a public servant, since the latter's judgment delivered in the course of his duty as a public servant, went against him or was not to his liking.The trial Judge had taken note of the contents of a petition filed by the appellant on 20-8-1987 before the Assistant Sessions Judge, Trivellore, vowing vengeance against P.W. 15, the police official and others for the injustice rendered to him on 17-4-1984, when P.W. 1's predecessor had decided against him.A perusal of the records does not indicate, that while sentencing the accused, this memo had been put to him to elicit an answer.The appellant has already spent about four years in jail.The appellant has also been acquitted of one count of charge, for an offence under section 452, I.P.C. Taking all these factors into consideration, I am of the view, that the sentence of imprisonment awarded under charge No. 2 for the offence under section 307, I.P.C. could be reduced from 10 years rigorous imprisonment to 7 years rigorous imprisonment.The learned counsel for the appellant contended, that the appellant had not been in a position to pay the varying amounts of fine imposed on him.I do not think, that on facts any sentence of fine, has to be awarded.In that view, the sentences of fine imposed on the appellant under charges 2 and 3 are set aside.The sentence of imprisonment under charge No. 2 for an offence under section 307, I.P.C. is reduced from 10 years rigorous imprisonment to 7 years rigorous imprisonment.In respect of charge No. 1, for the offence under section 452, I.P.C., the appellant is acquitted.In respect of the third charge for the offence under section 333, I.P.C., I confirm the sentence of 3 years rigorous imprisonment imposed by the trial Judge.The sentences in respect of charges 2 and 3 shall run concurrently.The return of M.O. 19, the Rajdoot Motor Cycle bearing registration No. T.M.Z. 615 admittedly belonging to the appellant, has been sought for.M.O. 19 has been confiscated by the trial Court, to the State.I set aside the confiscation of M.O. 19 and direct its return to the appellant.This appeal is partly allowed.Appeal partly allowed.

Cited provisions: Section 307 in The Indian Penal Code; Section 452 in The Indian Penal Code; Section 332 in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 341 in The Indian Penal Code; Section 148 in The Indian Penal Code; Section 353 in The Indian Penal Code; Section 336 in The Indian Penal Code; Section 147 in The Indian Penal Code; Section 326 in The Indian Penal Code