GOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS revision is filed under Secs. 397 and 401 of Crl. P. C, is directed against the judgments rendered by the learned Sessions Judge, tiruchirapalli in Crl. A. No. 342 of 1987 dated 28. 3. 1988, confirming the judgment of the Judicial First Class Magistrate, Kulithaiai in C. C. No. 189 of 1986, against the revision petitioner herein and another accused for an offence under sec. 326, I. P. C. and convicted the petitioner to undergo imprisonment for one year and to pay a fine of Rs. 500and in default to undergo rigorous imprisonment for three months.

(2.) THE case of the prosecution as recorded by the learned trial Magistrate as well as considered by the lower appellate court in brief are extracted as follows: THE revision petitioner along with another accused by name Samiappan alias Sellappan, were the agricultural coolies belonged to one vangal village in Kulithaiai Taluk, Tiruchirapalli district, employed under one vallaiya Gounder and doing farm work in his lands and so also P. W. 1, Chella-muthu, belongs to the same village and employed under one Karumana Gounder, as a farm servant engaged in doing irrigation works in the lands of his master and that while doing so at about 3. 00 p. m. on 28. 1. 1986 while P. W. 1 was irrigating the lands of Karumana Gounder, the revision petitioner and the other accused came and deviated the water from the canal leading to P. W. l's land and took the water to their field, which was objected to and when P. W. 1 again tried to deviate the canal water, the other accused, namely, Samiap

(3.) AS regards the rival contentions above referred, I have carefully perused the evidence of P. Ws. 1 and 2. With regard to the overt act attributed to the revision petitioner herein, the claim of P. Ws. 1 and 2 are so consistent, cogent and natural and convincing. The evidence of P. W. 4-Doctor, who found P. W. l at about 7. 00 p. m. on the day of occurrence at Karur Government hospital within four hours from the time of occurrence the griev -. ous injury and onthe basis of the x-rays taken, the Doctor opined that even the bone of the injured was open and fractured and the wound could have been caused by a weapon like Aruval, and that the wound certificate recorded by the Doctor clinches the further facts that P. W. l was telling the truth about the occurrence. P. W. 3 the Constable attached to the Vangal Police Station has seen p. W. l with bleeding injury along with P. W. 2-his own brother at about 4. 30 p. m. within 11/2 hours after the occurrence and recorded the statement from P. W. l and registered it as Crime No. 11 of 1986 and that he immediately sent P. W. 1 to karur Government Hospital with a memo. Accordingly P. W. l was seen by P. W. 4 and got admitted in the hospital as an inpatient and put him under treatment. P. W. 5-the Sub Inspector of Police took up further investigation and prepared observation Mahazar, Rough sketch Exs. P-3 and P-4 and examined P. Ws. 2 and 3 and other witnesses, obtained the wound certificate Ex. P-2 and completed the investigation and laid charge sheet and sent the final report against both the accused. Thus on a careful consideration of the evidence of P. Ws. 1 to 5 with reference to the grievous injuries found on the person of P. W. l is concerned, the prosecution has succeeded in establishing the guilt of the revision petitioner for an offence under Sec. 326, I. P. C. beyond all reasonable doubt and nothing was available to reject or suspect the claim of all witnesses examined and relied on by the prosecution in so far as the guilt of the first accused is concerned.