RAJARATHINAM Vs. YACOB

JUDGEMENT

(1.) The injured P.W. 1 by name Rajaratnam is the revision petitioner herein challenging the propriety and legality and validity of the Judgment of acquittal of all the accused, rendered by the learned Additional Sessions Judge, Tirunelveli in Cr1. Appeal No. 142/91 dated 4.2.1993 which was filed by the accused against the verdict of finding guilty and conviction of the accused by the learned Judicial Magistrate No.1, Tirunelveli in C.C. No. 150/88 dated 18.4.1991 who convicted the first accused for the offence under Sec. 323 IPC and sentenced to undergo one Month R.I., the second accused for the offence under Sec. 324 and sentenced to undergo R.I. for six months; the 5th accused for the offence under Sec. 325 IPC and sentenced to undergo R.I. for six months and also to pay a fine of Rs. 500/- and in default to undergo R.I. for a period of three months and acquitting accused 3 and 4.

(2.) At about 8.15 p.m. on 1.8.1986 while P. W. 1 was standing in front of a shop at Kallikulam alongwith P.W. 4 Charadurai the 5th accused who is son of the 2nd accused came there at that time and P.W. 1 asked the 5th accused as to whether the filing of the case by his father against them was justifiable. Immediately, the rest of the accused 1 to 4 came there running and the first accused Beat P.W. 1 on his head with a stick in his hand; the second accused also beat P.W. 1 on his head with a stick in his hand; the 3rd accused gave a hit upon the nose of P.W.1. with stick and then the 5th accused snatched the stick from the 3rd accused and beat P.W. 1 above his right hand fingers the 4th accused also beat. P.W. 1 above his back and other parts of the body. These over acts were witnessed by P.W. 3 Dakshinamoorty, P.W. 2, P.W. 4, P.W. 7 and others. Then, all the accused ran away. Then P.W. 8 came to the scene and on noticed P.W. 1 with all bleeding injuries and P. W. 1/ was take to the Valliyur Police Station by P.W. ls brother and P.W. 9 at about 9.45 pm, where P.W. 1 gave a complaint Ex. P. 1 attested by P.W. 9 whereupon P.W. 1 was sent to the Government Hospital, Tirunelveli for treatment with a medical memo.

(3.) P.W. 10 the Head Constable attached to Valliyur Police Station recorded the complaint given by P.W. 1 at about 9.45 p.m. and registered the same in his Police Station Crime No. 191/86 for the offences, against the accused under sections 147, 148,323 and 324 IPC and referred the matter to the. Sub Inspector for further investigation. P.W. 11 Deivasigamani, Assistant Professor attached to the Tirunelveli Medical College Hospital examined P.W. 1 who came there with medical memo for the injuries found upon his person and according to P.W. 11, injury No.3 was serious and the rest are simple in nature. Ex. P.4 is the wound certificate given by him. He has noticed four injuries in all. P. W. 6 Dr. Paramasivam, attached to the Tirunelveli Medical College Hospital took X-ray upon the skull and right hand of P.W. Ion 1.8.1986 and 4.8.1986 and on examination of the same he found that the first bone of the index finger of P.W. 1 was fractured. Consequently he gave a report Ex. P.3 and the skiagram was marked as M.O. 1 (Series).