SELVARAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed, against the judgement of conviction and sentence, dated 04.02.2013, passed in CA.No.65 of 2013, by the Principal Sessions Judge, Erode, modifying the judgement of conviction and sentence, dated 19.08.2013, passed in SC.No.29, by the I Additional Assistant Sessions Judge, Erode.

(2.) The case of the Prosecution had arisen on the basis of the complaint, Ex.P1 given by PW.1, stating that on 24.07.2012 at 10.30 a.m. when the witnesses, PW.1, PW.3 to PW.6, were engaged for cutting the palmyra trees available in the lands of PW.2, the Petitioner/Accused came there in a motorcycle, MO.2 and objected to the same and quarrelled with PW.2 and that after such quarrel, the accused removed the spade MO.1 from PW.1 and attacked PW.2 on his head and left hand repeatedly, due to which, PW.2 had sustained injuries on his head and forearm. For such acts, the Petitioner/Accused was charge sheeted for the offence under Section 307 of IPC.

(3.) The case was taken on file in SC.No.29 of 2013, by the I Additional Assistant Sessions Judge, Erode and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the Prosecution had examined PW.1 to PW.11 and also marked Exs.P1 to P10 and Mos.1 and 2.