THIRUNAVUKKARASU Vs. STATE

JUDGEMENT

(1.) THIS revision is filed by the de facto complainant against the acquittal of the accused 1 to 4 in S. C. No. 351 of 2001 on the file of the learned III Additional Sessions Judge, Chennai from the charges levelled against them under Sections 341, 307 and 506 (2) I. P. C.

(2.) THE first respondent filed final report for various offences under the Indian Penal Code against the respondents 2 to 5/accused 1 to 4 in Crime No. 502 of 2000 of K-1, Sembium Police Station. On the basis of such report, the accused were charged under Sections 341, 307 and 506 (2) I. P. C.

(3.) THE case of the prosecution, as per the final report filed by the first respondent, is that on 5. 4. 2000 at 11. 30 p. m. at the junction of Karunanidhi Road and in front of the shop of de facto complainant/the revision petitioner/p. W. 1, when the revision petitioner, was sweeping in front of his shop, due to previous enmity, Prakash alias Francis, arrayed as the first accused and his elder brother Jayaraj, arrayed as the second accused and his brothers-in-law by name Venkat alias Venkatesan and Velu, arrayed as accused 3 and 4 respectively each armed with knife restrained P. W. 1 and Prakash alias Francis arrayed as the first accused by stating cut him with knife and since he moved a little, it caused injury on his right knee and he fell down. The second accused Jayaraj cut P. W. 1 on his head. The first accused again cut with knife on his right hand, because of which three fingers, viz. , centre finger, ring finger and little finger on the right hand severed. The third accused and the fourth accused cut P. W. 1 on his right hand and right leg. The first accused and the second accused also cut P. W. 1 on his left hand and left leg. On his raising noise, P. W. 2 Shiva and P. W. 8 Subramani came and when they questioned about the attacking, the accused by threatening with knives had run away. On the basis of the final report, charges were framed under Sections 341, 307 and 506 (2) I. P. C. against the accused.