DANABAL ALIAS PALPUDI DANAPAL Vs. STATE

JUDGEMENT

(1.) APPELLANT is the accused in S.C.No.313 of 1996 on the file of VII Additional Sessions Judge, Madras. Aggrieved over his conviction under Ss.332, I.P.C., sec.336, I.P.C. andsec.324, I.P.C. APPELLANT/Accused has come forward with this appeal.

(2.) THE details of the charges framed against the acused and the findings of the Trial Court and the sentence imposed upon him are as noted below: (1) Charge (2) Gist of charges (3) Finding of the Trial Court (4) Conviction#x002F;Sentence 1. Under Sec.332, I.P.C. Wrongful Restraint of Public Servants from discharging their duty. Found guilty. Rigorous Imprisonment for 18 months. 2. Under Sec.307, I.P.C. Attempt to commit murder of Pandiyan. Found not guilty but found guilty under Sec.324, I.P.C. For the conviction under Sec.324, I.P.C. - Rigorous Imprisonment for six months.

(3.) IN the trial court, to establish the charges against the accused, Police Constables - P.Ws. 1 and 2, Medical witness - P.W.4 and INvestigating Officer - P.W.5 and INdependent Witness - P.W.3 (who turned hostile) were examined. On the evidence of P.Ws.1 and 2, the Trial Court found that the prosecution has proved that the accused has caused injuries to P.Ws.1 and 2. It was further, held that the accused had prevented and deterred P.Ws.1 and 2 from discharging their duty. Finding that there was no intention to attempt on the life of P.W.1, the accused was acquitted for the offence under Sec.307, I.P.C. Likewise, on the ground that there was no Criminal INtimidation, the accused was acquitted under Sec.506(ii), I.P.C.