PRAKASH Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed by the revision petitioner/1st appellant/A-1, as against the conviction and sentence passed by the learned Judicial Magistrate No.1, Kulithalai, in C.C.No.184 of 2008, dated 03.03.2010, as partly allowed by the learned Sessions Judge, Karur, in C.A.No.11 of 2010, dated 29.10.2010.

(2.) As against the judgment of conviction and sentence passed by the learned Judicial Magistrate No.1, Kulithalai, in C.C.No.184 of 2008, dated 03.03.2010, the petitioner and other three accused persons have preferred an appeal before the learned Sessions Judge, Karur, in C.A.No.11 of 2010. The lower appellate Court, by judgment dated 29.10.2010, partly allowed the appeal and acquitted the charges framed against the accused Nos.2 to 4 and acquitted from the charge under Section 341 of IPC, as against the petitioner/A-1 and the conviction and sentence of imposed fine of Rs. 1,000/-i/d., simple imprisonment for One month for the offence under Section 324 of IPC was confirmed. Aggrieved over the same, the petitioner has preferred the instant criminal revision case.

(3.) The case of the prosecution is that on 21.10.2007 at about 04.30 p.m., the complainant Eswaran proceeded in his cycle to purchase vegetables and when he came near Kuppayee's house, Veeravalli Harijan Street, all the four accused due to previous enmity wrongfully restrained him and the accused Nos.1 and 2 abused the complainant by using filthy language and the 2nd accused held the complainant from moving away. Thereafter, all the four accused persons attacked the complainant with hands. The 1st accused with bill hook attacked on the right shoulder of the complaiannt and also criminally intimidated him that he would kill the complainant and thereby all the four accused said to have committed an offence punishable under Sections 341, 342, 294(b), 323, 324 and 506(ii) of IPC. Hence the complaint.