BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the Conviction preferred by the sole Accused being aggrieved by the Judgment and Conviction rendered in S.C. No.116 of 2019, dtd. 23/9/2021, on the file of Sessions Judge, Mahalir Court (Fast Track Mahila Court),Thoothukudi.

(2.) The brief facts is that:

(3.) On perusing the records, the Sessions Court framed charge against the Accused for the offence under Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act and Sec. 302 of IPC and Sec. 506(ii) of IPC. The substance of the charge is that the Accused residing opposite to the house of PW1 on 23/1/2019 at about 4.15 p.m. got provoked by PW1 reprimanding her children playing in the street as if PW1 is scolding the mother of the Accused by in and do. Therefore, there was a wordy quarrel between them at 4.30 p.m. When PW1 went to purchase groceries, the Accused followed her with Aruval, PW1 was alerted by PW2 & PW3 and before she could realize, her grandfather who came their intervened and prevent the assault. At that time, the Accused after abusing PW1 with all abusive words and attacked Arumugaperumal with Aruval. The said Arumugaperumal to avoid the attack, directed on his head prevented it with his left fore-arm and the attack used to fall on his fore arm. Then again, the Accused attacked Arumuga Perumal wih Aruval on his head causing injury. The said Arumugaperumal was taken to the Hospital immediately. Further he succumbed to the injury after 12 days of treatment. i.e., on 3/2/209 at about 8.40 p.m.