ROYAPPAN Vs. STATE

JUDGEMENT

(1.) The third Presidency Magistrate, Saidapet, Madras, has convicted the petitioner under Section 325, I. P. C. and sentenced him to undergo rigorous imprisonment for six weeks and to pay a fine of Rs. 75 and in default to undergo further rigorous imprisonment for three weeks.

(2.) The evidence of P. W. 1 makes it perfectly clear that the petitioner hit her on the head with a tamarind post. Naturally she put up her hands to protect her head and one of the blows fractured the metacarpal hones of one hand. P. W. 2 who was grazing a buffalo near-by heard a cry of "Ayyo" and saw the petitioner beating P. W. 1. Likewise P. W. 3 who was working in a house a few yards away. P. W. 4 dill not actually see the petitioner beat P. W. 1, but he testified that she heard an alarm and saw the petitioner running away. These are natural witnesses and it is clear that there was sufficient evidence before the learned Magistrate to justify the conviction.

(3.) Learned counsel for the petitioner, however, urged one point Section 161(3), Criminal P. C. provides: