SEERANGEN Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the Judgment of the learned Additional Sessions Judge, Salem, confirming the conviction of the first accused under Section 307, I.P.C., read with Section 109, I.P.C., and Section 307, I.P.C., read with Section 34 I.P.C., and the sentence of five years R.I., anc the second accused under Section 307, I.P.C., to undergo R.I., for five years passed by the Additional Assistant Sessions Judge, Salem.

(2.) THE brief facts of the prosecution case which are necessary for the disposal of this revision may be narrated as follows: P.W. 1 is the son of P.W. 7. THE second accused is the son of the first accused. THE accused and P.Ws. 1 and 7 were residents of Pakkaliyur and they were neighbours. Besides that they have got adjacent lands. P.W.1 was employed as Telephone Operator at Sankagiri Telephone Exchange. P.W.7 filed a civil suit before the District Munsif, Sankagiri alleging that the first accused encroached upon his field and was constructing houses and also obtained a temporary injunction. In spite of the order of temporary injunction, accused 1 and 2 continued to put up construction and thereupon P.W. 7 preferred two petitions against them to Sankagiri Police and they were enquired on both the occasions by the police. THE two accused and one Pavayee, the wife of the first accused beat the mother of P.W. 1 on 3.6.1978 and in respect of the same, criminal proceedings were also instituted before the Judicial Second Class Magistrate, Sanakagiri. Again on 15.2.1979, P.W. 8 was taking his tractor along the road and in front of the house of the accused and the said Pavayee obstructed him from passing through that road by placing stones across the road and in the quarrel ensued between them, P.Ws. 1 and 7 and family members of P.W. 8 came there in support of P.W. 8 and in that souffle, the accused sustained simple injuries and the second accused preferred a complaint to the Sankagiri Police and latter P.Ws. 1, 7 and 8 were examined and warned by the police. It was represented that the civil suit filed by P.W. 7 ended in favour of the accused on 14.2.1979.

(3.) ON hearing the noise of P.W.1, P.Ws.2 and 3 came there and on seeing them the first accused picked up a stone and attempted to throw on P.W.I, who raised huo and cry and thereupon the first accused dropped and stone and ran away from place along with the second accused P.Ws.2 and 3 chased them to some distance and since they were threatened by the second accused, they returned to the scene place. P.W.6 and another also saw the accused running along the road and entering into a neighbouring field. A crowd was gathered near the scene and thereafter, P.W. 2 went to Sankagiri Police Station and gave the complaint, Exhibit P.1, P.W.1 was also taken to Sankagiri Government Hospital. P.W. 4, the Medical Officer, examined him and found on him the following external injuries: "1. A lacerated wound 3" x 1/2" in the light upper arm. 2. A lacerated wound 3" x 1/2" in the right hand dorsum. 3. Two lacerated wounds 3" x 1/4" x 1", 1/8" x 1/8" in opigastrium. 4. Three lacerated wound 1/2" x 1/8" x 1/8", 1" x 1/8" x 1/8", 1/2" x 1/8" x 1/8" in the left palm.