RAMANLAL Vs. KARTHIKEYAN

JUDGEMENT

(1.) This Criminal Revision Case is by P.W.1 in the case. The three accused have been acquitted of the charges framed against them in C. C. No. 163 of 1984. The State has not filed any appeal.

(2.) It is the prosecution case that the land known as Paracheri Thattu Vilai in Survey No. 262/ 2 of Mukilanvalai belonged to P.W. 3 Rathina Thangam and he has been in possession of it. When P.W. 1 Ramanlal son of P.W. 3 went to that field on 23-9-1983 at 2.30 P.M., the three accused and 25 others were cutting down a palmirah tree there. When P.W. 1 questioned the accused about it the first accused retorted asking back who was he to question. Immediately the first accused with a Vettukathi aimed a cut at P. W. 1, P. W. 1 prevented the aim with his left hand and he sustained bleeding injury below his ankle. The second accused fisted P. W. I at his chest on account of which he had pain. Third accused with his right hand beat P. W. 1 at his right shoulder. This also caused pain. At the time of incident P. W. 2 Mahalingam and one Rajendran came to the spot and on seeing them the accused ran away. P. W. 2 Mahalingam brought a car and he took P.W. 1 to Kottar Government Hospital at 3.00 P.M. P.W. 5 Dr. Femila Moses found on him an incised wound on the outer aspect of the left forearm 3 c.m. below the elbow joint. According to her the injury was grievous. P.W.4 Dr. Vijayagam, Radiologist took X-ray and found fracture. On receipt of intimation from P.W. 5 Doctor at 3.15 P.M. P.W.9 Head Constable of Kottar Police Station went to the hospital and there he recorded a statement Ex. P1 from P.W. I. On coming back to the station he registered a case under S. I47, 148, 323, 324 and 427, I.P.C. Since the place of incident was within the limits of Suchindram Police Station he transferred the First Information Report to that Station. P.W. 10 Sub Inspector of Suchindram Police Station registered a case there. At that time the accused 1 and 2 went there and they gave a report. On that P. W. 10 registered a case and prepared First Information Report. He investigated both the cases together. He went to the place of incident at 6.30 P.M., and there he recovered blood-stained earth M.0.4. He proceeded to the Hospital and there he recovered blood-stained shirt M.O. 1 and Blood-stained pants M. O. 2. After examination of witnesses he filed a charge sheet against the accused under Ss. 326 and 323 I.P.C.

(3.) The learned Addl. Chief Judicial Magistrate, Nagercoil framed addl. charges under Ss. 148 and 447 against first accused and under Ss. 147 and 447 against second and third accused.