DURAISAMY Vs. STATE

JUDGEMENT

(1.) The petitioner has come forward with this Criminal Revision Case challenging the judgment of the learned Principal Sessions Judge, Dharmapuri, Dharmapuri District made in C.A.No.37 of 2013 dtd. 10/9/2014 confirming the conviction and sentence passed by the learned Judicial Magistrate No.I, Dharmapuri, Dharmapuri made in C.C.No.68 of 2010 by judgment dtd. 1/10/2013.

(2.) The revision petitioner is the unsuccessful accused before the Lower Court, who was convicted for the offences under Sec. 326 IPC with two year rigorous imprisonment and fine of Rs.3,000.00 passed by the trial Court, which was confirmed by the 1st appellate Court, against which this Revision is preferred stating that there was a previous enmity between him and the de-facto complainant's family, with regard to land dispute and there was a case in counter in Crime No.525 of 2009, which was registered and the FIR was lodged in the case in hand in Crime No.524 of 2009. On suppressing the fact that the accused also sustained injuries due to the attack made by the defacto-complainant along with others, and thereby, the prosecution has not proved the charges beyond reasonable doubt. Both the Courts below, without appreciating the fact had erroneously convicted the accused under Sec. 326 IPC and sentenced him to undergo two years rigorous imprisonment and to pay a sum of Rs.3,000.00 as fine, in default to undergo one week Simple Imprisonment. Hence he prayed to set aside the conviction passed by the trial Court which was confirmed by the 1st appellate Court in C.A.No.37 of 2013, before the learned Principal Sessions Judge, Dharmapuri.

(3.) The learned counsel for the revision petitioner submitted that there was a previous enmity between the petitioner family and the de-facto complainant's family. On the day of the alleged occurrence, the de-facto complainant along with others, assaulted the accused and thereby, he sustained injuries and based upon his complaint, counter FIR was lodged against him in Crime No.525 of 2009.