MARIAPPAN Vs. STATE

JUDGEMENT

(1.) A-1 in the Sessions case in S.C.No.86 of 2007 on the file of the learned Assistant Sessions Judge, Rasipuram, Namakkal District is the revision petitioner.

(2.) Noticing the following factual matrix in brief is sufficient to dispose of this Criminal revision: A-1 and A-3 are spouses. A-1's mother is A-2. All belongs to Minnalkkal village in Namakkal District. Already there is property dispute between both sides. On 23.8.2006, at noon, when P.W.1, servant of P.W.2 was planting small plants on the small channel near the house of A-2, A-2 prevented it. Wordy altercation took place between P.W.2 and A-2. A-1 came there. He had assaulted P.W.2 on her head with M.O.1 firewood. P.W.3 husband of P.W.2, P.Ws.4 and 5 brothers of P.W.2 came there. Ex.P1 complaint was lodged by P.W.1 with Vannandhur police. A case in Cr.No.528/2006 was registered. After completing the investigation, P.W.16 Investigation Officer filed final report for offences under section 307, 323 and 307 r/w 34 I.P.C. before the committal Magistrate. The committal Magistrate committed the case to the Court of Principal Sessions Judge, Namakkal who made over the case to the Assistant Sessions Judge, Rasipuram for trial. Charges were framed. A-1 to A-3 pleaded not guilty. To substantiate the charges, prosecution examined P.Ws.1 to 18, marked Ex.P1 to 8 and exhibited M.O.1.

(3.) Appreciating the said evidence, the trial Court while acquitting A-2 and A-3, convicted A-1 under section 326 I.P.C. and sentenced him to 3 years rigorous imprisonment and fined him Rs.1000.00 in default to undergo 3 months simple imprisonment. The accused paid the fine amount.