PERIYAKARUPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision has been filed by the 1st accused in C.C. No. 31 of 1986, on the file of the Chief Judicial Magistrate, Sivaganga, challenging his conviction for an offence under section 326 of the Indian Penal Code and the sentence of imprisonment for a period of six months and a fine of Rs.50/- in default to undergo imprisonment for a further period of two weekss which conviction and sentence have been confirmed in appeal by the learned Additional Assistant Sessions Judge, Ramanathapuram at Madurai in C.A. 47 of 1987.

(2.) The gravamen of the charge against the petitioner and two others, tried as co-accused for offences under sections 323 and 326 of the Indian Penal Code was that on 12-9-1985, at 6.30 P.M. in Vellakurichi village, in front of the rice mills of Parvathi Ammal, the petitioner cut P.W.1 Palaniyandi with an arrival on his left knee, while the co-accused assaulted him with stones and stick.

(3.) The facts of the prosecution case briefly are as follows:- On 12-9-1985 at 6.30 p.m., the petitioner and the co-accused were grazing cattle in their field wherein they had raised cotton plants. P.W.1 came that way and questioned the petitioner and the co-accused as to why they were grazing cattle in his field. There was a wordy altercation in which the petitioner took out an aruval and cut P.W.1 on the left knee while A3 assaulted him on his back with stick and A2 pelted stones on him. P.W. 2 ran towards the scene and tried to separate them. The petitioner and the coaccused ran away. P.W.1 went to the police station at Manamadurai and gave Ex.P.1 statement to P.W.6, the Sub-Inspector. Ex.P.1 was registered as Crime No. 248/85 and investigation was taken up.