LAWS(MAD)-2012-8-35

RUPESH Vs. STATE BY INSPECTOR OF POLICE

Decided On August 03, 2012
RUPESH Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE appeal arises out of the Judgment of conviction and sentence made in S.C.No.22 of 2005 on the file of the III Fast Track Court, Additional District Sessions Court, Chennai, whereby, the accused were convicted for the offences under Sections 341 and 307 r/w.34 IPC. For the offence under Section 341 IPC, they were imposed to pay a fine of Rs.500/- in default to undergo one week Rigorous imprisonment and for the offence under Section 307 r/w. 34 IPC, they were sentenced to undergo six years Rigorous imprisonment with fine of Rs.25,000/-, in default, to undergo six months Rigorous imprisonment.

(2.) THE respondent Police filed a charge sheet against the appellants stating that on 30.06.2004 at 3.30 p.m. while P.W.1 and P.W.2, who are brothers, were on their way to the opposite of Balaji Fast Food through Thiyagappa Street, A1 and A2, wrongly restrained them and abused them in filthy language by assaulting with Cooldrinks Bottles, thereby, committed offence under Sections 341 and 307 r/w. 34 IPC.

(3.) THE learned Sessions Judge placed the incriminating evidence against the accused. But, the accused denied the same in toto. After considering the oral and documentary evidence, the learned Sessions Judge convicted the appellants for the offences punishable under Sections 341 and 307 r/w. 34 IPC and sentenced as stated above. Aggrieved against the same, the present appeal has been filed by the appellants.