NALLASINGAM Vs. STATE

JUDGEMENT

(1.) THE accused 1 to 3 are the revision petitioners herein were tried by the learned Sub Divisional Judicial Magistrate, Kovilpatti on the charges framed against the accused 1 and 2 for the offence under See.341, I.P.C. and for third accused for an offence under Sec.326, I.P.C. for having the accused 1 and 2 restrained P.W.1, Veluchami from moving anywhere by standing in front and the back and allowed the third accused to cut with his palai aruval on the head and on the right cheek etc., on P.W.1 and thereby caused grievous injuries and that after full trial all the accused were found guilty of the charges framed against them and that thereupon the Pest and second accused were fined to a sum of Rs 300 each for the offence under Sec.341, I.P.C. and in default of which to undergo rigorous imprisonment for one month and for the third accused found guilty of the offence under Sec.326, I.P.C. and thereby sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500 and that in default of which to undergo rigorous imprisonment for two months and that on payment of the fine all the accused preferred appeal against the said finding of conviction and sentence in Crl.A.No.79 of 1987 before the learned II Additional Sessions Judge, Tirunelveli and that on appraising and reconsidering the entire recorded oral and documentary evidence during the trial, the lower appellate court has concurred with the findings and sentence recorded by the learned trial Magistrate and that thereupon confirmed the findings recorded against all the accused. Aggrieved with the same, the present revision is filed by all the accused.

(2.) THE case of prosecution in brief are as follows: At about 2.00 P.M. on 30.12.1982, in front of the house of P.W.l situate in the village of Kilnat-tukurichi, within the jurisdiction of Puthur Police Station Crime No.219 of 1982, while P.W.1 was there all the accused came and the accused 1 and 2caught hold of P.W.1 by standing one in his front and another behind his back and thereby restrained him from moving and that consequently the third accused with a palai aruval in his hand cut P.W.1 on his head, right cheek etc. and thereby caused bleeding injuries and this was witnessed by P.Ws.2 and 3. After the transaction was over, all the accused with their weapon of offence went away and that this was happened due to the enmity existed between the accused and P.W.l due to the cutting of fuel in the poramboke land long prior to the date of occurrence and that even on the day of occurrence he was storing the cut fuel in front of his house and that in connection with that the occurrence had happened. THEn with the help of one Madasami P.W.l reached the Puthur Police Station, which is situated at about 18 kilometres away from the scene of occurrence and gave an oral complaint to P.W.6, Sub Inspector of Police who was available at that time and to his narration, the complaint was reduced into writing, read over to P.W.l and explained to him as admitted. He put his signature on the right hand side in the presence of Madasami, who happened to attest the same and which has been marked as Ex.P-1, and the same was duly registered by P.W.6 against the accused 1 to 3 under Secs.341 and 326, I.P.C. in Puthur Police Station Crime No.219 of 1982 and that thereafter he took up investigation and sent P.W.l to the Government Hospital, Aruppukot-tai on the police memo for treatment of the injuries inflicted on the body of P.W.l and then proceeded to the place of occurrence and prepared observation Mahazar Ex.P-2 and rough sketch Ex.P-5 and then he recovered the fuel wood under the cover of M.O.I and then proceeded to the hospital. He examined the Doctor, P W.5, who attended the injuries on P.W.l. In this context P.W.6examined P.Ws.2 and 3 and other witnesses and then the Doctor who treated the injuries on P.W.l and other witnesses and sent all the case records and properties to the court on the next day i.e., on 31.12.1982. In the course of investigation P.W.6 also recovered M.O.3 blood stained dhothi of P.W.l in the hospital, and M.O.2 iron axe under Ex.P-3 and the same has been attested by witnesses and P.W.7 took up further investigation and laid charge sheet on 12.2.1983.

(3.) A cut injury 11/2" length 11/2" depth above the lateral third of right claricle.