N JANAKIRAMAN Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed against the judgment of acquittal passed by the learned Judicial Magistrate No. II, Karur in C.C. No. 405 of 1996, dated 15-7-1997.

(2.) The short facts are :- P.Ws. 1 and 2 are husband and wife. The accused are brothers. There is prior enmity between the P.Ws. and the accused regarding a vacant site. At the time of the occurrence, P.W. 1 was engaged in manufacturing rubber stamps and he was living at No. 10, Gurusamy Naidu Street, at Karur. At 10.00 p.m. on 15-1-1996, when P.W. 4 came down, from his house, the accused picked up a quarrel and beat P.W. 1 with a stick on his left cheek and lip. When P.W. 2, his wife came to prevent the same, the second beat her on the left leg palm with a stick and caused a grievous injury. Thereafter, P.Ws. 1 and 2 rushed to the police station and lodged a report, Ex. P-1, on which a case in Crime No. 358 of 1996 was registered by the Karur Police Station. P.W. 4, the doctor who examined P.W. 1 found a lacerated injury about 3" x 1/4" subsutaneous deep on the left side face and another lacerated injury on the lower lip measuring about 3" x 1/4" muscle deep and certified that both the injuries are simple in nature. The same has been exhibited as Ex. P-3. P.W. 4 found a contusion over the left foot about 4" x 4" and an abrasion over the left elbow 3" x 3" and multiple abrasion over the left wrist. On examining P.W. 2. According to the doctor, injury No. 1 is grievous and the other two injuries are simple.

(3.) The Judicial Magistrate No. II, Karur took the case on file as C.C. No. 405 of 1996. Eight witnesses were examined on the site of the prosecution including P.Ws. 1 and 2. P.Ws. 3, 5 and 6 who are said to be the neighbours and eye-witnesses to the occurrence have turned hostile. P.Ws. 4, 7 and 8 supported the version of P.Ws. 1 and 2.