BOOPATHI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed, against the judgement of conviction and sentence, dtd. 21/10/2021 made in CA.No.48 of 2021, by the Sessions Judge, Special Court for Trial of Cases under the SC/ST (POA) Act at Namakkal, confirming the judgement of conviction and sentence, dtd. 24/2/2021, made in CC.No.116 of 2017 by the Judicial Magistrate II, Namakkal, thereby convicting and sentencing the Revision Petitioner/Accused, Boopathi, for the offences under Sec. 279 of IPC to pay a fine of Rs.1,000.00, in default to undergo 3 months Simple Imprisonment and under Sec. 338 of IPC to pay a fine of Rs.1,000.00, in default to undergo 3 months Simple Imprisonment and under Sec. 304A of IPC to undergo six months Simple Imprisonment.

(2.) The case of the Prosecution, arisen on the basis of the complaint, Ex.P3, First Information Report, given by the defacto complainant, PW.1, Jagadeeswaran, registered in Crime No.376 of 2016 at the Mohanur Police Station for the offences under Ss. 279, 338 and 304A of IPC, is as follows:-

(3.) The case was taken on file in CC.No.116 of 2017 by the Judicial Magistrate II, Namakkal. After receipt of summons from the Trial Court, when the accused appeared in person before the Trial Court, copies of the documents were served on them under Sec. 207 of Cr.PC. After giving sufficient time to the accused and after hearing the accused and considering the documents, necessary charges were framed for the offences under Ss. 279, 338 and 304A of IPC. Since the accused had denied the charges and pleaded not guilty of the aforeaid charges and claimed to be tried, in order to bring home the charges against the accused, the Prosecution examined the following 11 witnesses, as PW.1 to PW.8 and marked 9 documents as Ex.P1 to Ex.P9.