IMAYARAJ Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The criminal revision has been preferred challenging the judgment, dated 15.3.2010 made in C.A. No. 69 of 2009 on the file of the Additional Sessions Judge (Fast Track Court No. II), Madurai, confirming the judgment of conviction and sentence, dated 11.8.2009 made in S.C. No. 507 of 2006 on the file of the Principal Assistant Sessions Judge, Madurai. It is seen that the revision petitioner/sole accused was convicted by the learned Assistant Sessions Judge, Madurai, under Section 341 IPC and sentenced to undergo one month R.I., under Section 307 IPC, 7 years RI and to pay a fine of Rs. 1,000/- and in default to undergo further period of 6 months RI and under Section 506(h) IPC, convicted and sentenced to undergo 2 years RI and as per Section 235(2) IPC, the sentence were ordered to run concurrently.

(2.) On appeal, learned Additional Sessions Judge/FTC No. II, Madurai, confirmed the conviction and sentence imposed by the trial Court, by its judgment, dated 11.8.2009, aggrieved by which, this revision has been preferred.

(3.) Learned counsel appearing for the revision petitioner submitted that the prosecution has put forth motive, which is doubtful, since as per the alleged motive, on 1.12.2005 at about 10.30 p.m., when P.W. 1 Perumal was proceeding by walk after closing his bunk shop at the alleged place of occurrence in M. Kallupatty village, along with his brother-in-law, P.W. 2, the revision petitioner/accused attacked him with a knife and caused various injuries and also threatened P.W. 2 not to disclose anything about the said occurrence.