MADHANAGOPAL AND ANOTHER Vs. KRISHNA RAO

JUDGEMENT

(1.) THIS revision is against the order of conviction and sentence of the learned Sessions Judge, of Chengai Anna Division at Chenglapattu in C.A. No. 17 of 1990 confirming the order of Conviction of the Judicial Magistrate No. II, Thiruvallur in C.C. No. 230 of 1988 for the offence under Section 323 of Indian Penal Code to pay a fine of Rs. 100/ -.

(2.) THE occurrence is alleged to have been taken place on 26.3.1988 at 9:30 P.M. The complainant and two witnesses were examined as P. Ws. 1 to 3 who have spoken about the occurrence. The allegation in the complaint is that when P.W.1 was proceeding to his field, the first accused first revision Petitioner who came by that way scolded him and his mother, with abusive words for the reason that the water was taken by him through the channel, that when he said that the matter could be discussed on the next day, both the accused beat him causing the scratches on his chest, P.W.2 who is the Panchayat President has stated that on hearing the noise he saw the accused persons beating P.W.1. Though P.W.3 would state that he has also witnessed the occurrence, in the cross examination he admitted that he did not witness the occurrence personally. Therefore, relying upon the evidence of P. Ws.l and 2 the Courts below convicted the revision Petitioners to pay a fine of Rs. 100/ - each. The learned Senior counsel for the Petitioner would contend that the evidence of P. Ws. 1 and 2 is not supported by P.W.4 the Doctor. As the doctor says that except the scratches on the left shoulder and the right fore arm, no other injuries were found on P.W.I, whereas P. Ws.l and 2 would state that P.W.1 was beaten by both the revision Petitioners and he sustained injuries on his shoulder.

(3.) IN the result, the conviction and sentence are set aside and the revision Petitioners are acquitted. The revision is allowed. The fine amount paid by the Petitioners, shall be refunded to them.