T.KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner is A3 in C.C.No.331 of 2001 on the file of the learned Judicial Magistrate, Padmanabapuram. The learned Judicial Magistrate, Padmanabapuram passed the conviction against him under Ss. 147, 452, 352 and 506(ii) of IPC. He was convicted for the offence under Sec. 147 of IPC and sentenced to undergo six months simple imprisonment, for the offence under Sec. 452 of IPC, sentenced to undergo six months simple imprisonment and to pay a fine of Rs.200.00, in default, to undergo one week simple imprisonment, for the offence under Sec. 352, sentenced to undergo three months simple imprisonment, for the offence under Sec. 506(ii) of IPC, sentenced to undergo three months simple imprisonment.

(2.) The said conviction and sentence of imprisonment was confirmed in C.A.No.176 of 2005 on the file of the Additional District and Sessions Judge, Padmanabapuram. Challenging the said concurrent finding, he filed this revision.

(3.) According to the prosecution, dispute was lasting between the petitioner's family and P.W.1 family. Therefore, P.W.1 made a complaint against the petitioner's family members. The petitioner and other four accused on 6/1/2001 illegally trespassed into P.W.1's House at 10.00 p.m., and assaulted with wooden logs and caused injury to him all over his body by questioning how they could he make a complaint against his relative Palani. P.W.1 screamed and on hearing this P.W.2 rushed to his house and the accused also assaulted P.W.2 Thangamani. P.W.3, P.W.4 and P.W.5 also screamed and the petitioner and other accused criminally intimidated them by showing the wooden logs and escaped from the scene of occurrence. Thereafter, P.W.1 and P.W.2 were taken to the police station and gave a complaint and thereafter they were admitted in the hospital. The respondent police registered a case for the offences under Ss. 147, 148, 452, 323, 325 and 506(i) of IPC r/w 149 of IPC. The P.W.10 completed investigation and filed the final report before the learned Judicial Magistrate, Padmanapapuram. The learned Judicial Magistrate took the same on file in C.C.No.331 of 2001. He issued a summons to the accused. After his appearance, he served the 207 Cr.P.C. Documents. After that, learned trial Judge framed necessary charges and questioned the accused. He denied the charges and pleaded not guilty. He stood for trial.