SUBRAMANI Vs. THE STATE

JUDGEMENT

(1.) ON the basis of the complaint given by the defacto complainant, namely, PazhaniGounder, a case in Crime No. 22 of 2005 was filed against six persons, namely, the petitioner herein, Ramaiya (second accused), Ganesan (third accused), Pugazhenthi (Fourth accused), Velu (fifth accused) and Senthil (sixth accused) for the offences punishable under Sections 148, 323, 324, 326, and 506(2) of IPC. The respondent police filed final report before the Judicial Magistrate No. 1, Namakkal and the case has been taken on file in C.C. No. 121 of 2005. After trial, the trial court convicted the accused for the offences punishable under Section 148 and sentenced them to undergo one year Simple Imprisonment and to pay a fine of Rs. 2,000/ - and in default to undergo 6 months simple imprisonment and also convicted the first and third accused for the offences punishable under Section 326 and sentenced them to undergo two years simple imprisonment and to pay a fine of Rs. 2,000/ - in default to undergo six months simple imprisonment and convicted the second accused for the offences punishable under Section 324 and sentenced him to undergo 1 year simple imprisonment and to pay a fine of Rs. 2000/ - and in default to undergo six month simple imprisonment and convicted the fifth and sixth accused for the offences punishable under Section 323 and sentenced them to undergo three months simple imprisonment and to pay a fine of Rs. 500/ - in default to undergo one month simple imprisonment and also convicted the accused for the offence under Section 506(2) and sentenced to undergo one year Simple Imprisonment and to pay a fine of Rs. 1000/ - and in default to undergo 3 months simple imprisonment concurrently. Aggrieved by the same, the accused filed Crl.A. No. 18 of 2008 before the learned Additional District Sessions Judge, Namakkal and the same was partly allowed by setting aside the conviction and sentence under Section 148, 506(ii) IPC and 326 IPC and confirmed the conviction under Section 326 IPC and modified the sentence to undergo simple imprisonment of 6 months instead of 2 years and confirmed the fine amount of Rs. 2,000/ -. Aggrieved by the order passed by the first appellate Court, the first accused has filed the present Criminal Revision Case.

(2.) THE case of the prosecution is that on 16.1.2005 at about 7.00 p.m. due to land dispute, the accused formed unlawful assembly with deadly weapons and that the first accused with Koduval caused grievous injury on right little finger of the defacto complainant/PW1 and that the second accused with koduval caused grievous injury on the left leg of P.W. 2 and that the third accused attacked P.W. 3 with iron rod and that the fifth and sixth accused caused simple injuries by attacking P.W. 4 with stick and that all the accused threatened to do away the life of the witnesses P.W. 1 to P.W. 4. In this context, the defacto complainant had given a complaint based on which the accused were proceeded with for the offences as mentioned above.

(3.) THE learned Government Advocate (Criminal side) submitted that Doctor has been examined in this case and the wound certificate has also been produced, wherein it is clearly stated that there was a fracture and the victim was admitted as Inpatient for 9 days. The learned Government Advocate also submitted that already leniency has been shown by the First Appellate Court by reducing the sentence to six months from two years. Therefore, the learned Government Advocate prays for dismissal of the revision.