AMBICAPATHY Vs. STATE

JUDGEMENT

(1.) THIS revision arises against the judgment of the learned Additional Sessions Judge, Fast Track Court III, Tiruvallur, passed in C.A.No.25 of 2007 on 20.08.2008.

(2.) A case stood registered against the four petitioners herein and one another in Crime No.287 of 2003 on the file of the respondent police. The prosecution case was that at about 2 a.m. in the wee hours on 02.06.2003, PW-1 was sleeping outside his house when the five accused who were his neighbours came shouting at him saying that he had no authority to question them about taking water to their house. They used abusive language when PW-1 questioned them as to why they were shouting so late in the night, A1 dealthim a cut injury in the left hand by using a small axe, A2 hit him on the left side of the head with a stick, A3 beat him with a stick on the hand while the accused 4 and 5 held him from behind. PWs.2 and 3, wife and daughter of PW-1, rushed there and the accused pushed them. PW-1 was taken to hospital at about 5.30 a.m. A case was registered in Crime No.287 of 2003 for offences under Sections 147, 148, 324 and 506(ii) IPC.On completion of investigation, a charge sheet was filed for offences under Sections 147, 148, 326, 294(b) and 506(ii) IPC and the accused were tried for such offences. One of the accused died pending trial.

(3.) HEARD learned counsel for the petitioners and learned Additional Public Prosecutor.