KASI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition filed under Section 397 read with 407 Cr.P.C., is directed against the judgment dated 19.09.2007, in Criminal Appeal No.5 of 2005, on the file of the First Additional Session Court, Dharmapur, at Krishnagiri, allowing the appeal and modifying the sentence imposed on the petitioner for offence under Section 307 I.P.C by the Chief Judicial Magistrate-II, Krishnagiri in S.C.No.145 of 2004, dated 03.01.2005. Further holding that as the offence under Section 324 of IPC is made out against the petitioner/A-1, he was convicted thereunder and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/- in default to undergo simple imprisonment for six months.

(2.) The petitioner is the first accused, accused Nos.2 and 3 are his sons and the victim Annamalai (PW-1) is the brother of the A1. The Inspector of Police, Mathur laid a charge sheet against the A1 to A3. That on 08.12.2003 at about 22.15 hours, A1 to A3 assembled in front of the house of Murugan (PW-4) and the first accused armed with Soorikathi, accused Nos.2 & 3 armed with Koduvakathi and sticks, chased PW-1 Annamalai to assault him in front of the house of PW-4 and at the time of occurrence A2 and A3 pushed down PW-1 on the ground and caught hold of him and A1 assaulted him with Soorikathi on his abdomen, right middle finger, ring finger and voluntarily caused simple injuries making certain utterances and committed an act with such intention and knowledge under such circumstances.

(3.) During the course of trial, 11 witnesses were examined on the side of the prosecution, out of which the deposition of following witnesses would be relevant for appreciation of the contentions of the petitioner. PW-1 Annamalai, his wife Tmt.Padma as PW-2; Saravanan brother's son of PW-1 as PW-3; Murugan brother of A1 as PW-4; Doctor as PW-6; the person who registered the FIR as PW-10 and the Inspector of Police, PW-11.