RAMASWAMI Vs. MUTHU

JUDGEMENT

(1.) P. W. 1 in S. C. No. 74 of 1974 on the file of the Assistant Sessions Judge of Ramanathapuram at Sivaganga has directed this revision petition challenging the acquittal of respondents 1 to 5 - accused 1 to 5 by the trial court. The respondents were charged under two heads, viz. for offences punishable under Sections 148 and 307 (latter part), I. P. C. The trial Judge, after finding that "the prosecution does not appear to have come forward with clean hands in bringing home the guilt of the accused" and "has not sufficiently and satisfactorily shown by any reliable evidence that the accused are the culprits who have inflicted the injuries on PW 1" and "the accused are entitled to the benefit of doubt," has found them not guilty of any of the charges with which they were charged and acquitted them of all the offences. Aggrieved by the order of acquittal, the victim PW 1 has come to this Court by way of a revision petition.

(2.) THE prosecution case is briefly that on 14-1-1974, at about 8-15 p. m. , at Madhukulathur bazar, all the respondents formed themselves into an unlawful assembly armed with vel sticks, kattu kambu and vangaruvals, with the common object of murdering the petitioner Rama-swami (PW 1) and in furtherance of the above said common intention, they waylaid the said Ramaswami and attempted to murder him and further voluntarily caused hurt to him. It is the common case of the prosecution that when PW 1 who was the Panchayat Board President of Keelasakkulam village, was passing through the Thidal Pallivasal Street, on the way to his house, he was waylaid by the respondents and attacked mercilessly. At the time of the occurrence, accused 1 and 3 were armed with vangaru-wals, accused 2 was armed with kattai kambu and accused 4 and 5 were armed with vel kambu. It is the case of the prosecution that accused 3 cut PW 1 on his head with a Vangaruvel, accused 1 cut him on his left eye-brow and nose with a vangaruval, accused 4 beat him on his right forearm, right shoulder and right thigh with a vel kambu, accused 5 beat him on his left shoulder, left thumb and left thigh with a vel kambu and accused 2 beat him on his buttocks, left knee and right leg below knee with katai kambu. Of the witnesses examined, P. Ws. 3 and 4 are the eyewitnesses to the occurrence. PW 2, Civil Asst. Surgeon, attached to the Government Hospital, Mudukulathur, examined PW 1 at about 10 p. m. on the same night and found 12 injuries as detailed in Ex P. 2. Of the injuries, injuries 1 to 3 are incised wounds and the rest are contusions and abrasions. He has opined that all the injuries were simple in nature.

(3.) PW 5, the Assistant Sub Inspector of Police Mudukulathur, took a complaint Ex, P. 1 from the injured and registered the same as Crime No. 12/74 under Sections 147, 148 and 307, I. P. C. Ex. P. 3 is the original first information report. Thereupon, PW 6, the Inspector of Police, took up further investigation of the case and examined PWs, 1, 3 and 4 in the hospital. After completing the investigation, he laid the charge-sheet on 26-2-1974. The respondents, when examined under Section 313, Cr. P. C. , with regard to the incriminating circumstances appearing against each of them, denied their complicity in the crime and stated that PWs, 3 and 4 are close relations of PW 1 and that they are giving false versions.