SUMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Criminal Revision is filed by the accused 1 to 3 against their conviction and sentence for the offence under Sections 326 and 341 IPC insofar as A1 is concerned, and 324 IPC insofar as A2 and A3 are concerned.

(2.) The date, time and place of the occurrence is at 11 p.m on 05.11.2010 near SAT Complex, Gurusamy Pillai Street, Villupuram. The charges levelled against the accused are that the accused 1 to 3 armed with iron rods in their hands and in drunken mode started abusing the passers by in Gurusamy Pillai Street in filthy words and threatened them and when they waylaid, the de facto complainant who warned the accused that he will give police complaint, but they started abusing the de facto complainant in filthy words and assaulted him by using iron rods. In the course of which, the de facto complainant sustained bone fracture on his left wrist and left leg and also other grievous injuries on his back, thereby the accused committed the acts constituting the offences punishable under Sections 341, 294(b), 324, 506(ii) and 307 IPC. The accused persons faced trial for the offences. The prosecution in order to prove the guilt of the accused, examined PW.1 to PW.11 and produced Exs.P1 to P10 besides M.O.1 to M.O.3 iron rods as material objects. The trial Court, on the basis of the available evidence, found the accused guilty of the offences under Sections 294(b), 341 and 324 IPC and sentenced them for the same, but found them not guilty of the offences under Section 307 IPC. Aggrieved against the same, the accused have preferred C.A.No.36 of 2012. The Principal Sessions Judge, Villupuram, has on the basis of the same evidence, found A1 guilty of the offences under Sections 326 and 341 IPC and A2 and A3 for the offence under Section 324 IPC and sentenced them to undergo imprisonment and to pay fine. Aggrieved against the same, the present revision is filed before this Court.

(3.) Heard the rival submissions made on both sides and perused the records.