TAMILSELVANE Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) In Sessions Case No. 52 of 1990, on the file of Additional Assistant Sessions Judge, Pondicherry, the petitioner Tamilselvane was charged and tried for the offences under Sections 452 and 307, I.P.C. Section 27 of the Arms Act, 1959, and convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 300/- in default to undergo R.I. for two months, under each count, directing the sentences to run concurrently. The petitioner, challenging this conviction and sentence filed an appeal in C.A. No. 32 of 1991, on the file ofprincipal Sessions Judge, Pondicherry, who ultimately by his Judgment dated 8-1-1992, set aside the conviction and sentence imposed upon the petitioner under Section 27 of the Arms Act, 1959; and confirmed the conviction for the offences under Sections 452 and 307, I.P.C. and modified the sentence of R.I. for three years into one of R.I. for one year, while confirming the fine imposed by the trial Court. Hence this revision.

(2.) The prosecution case is as follows :-

(3.) In the mean time, P.W. 1, who sustained a bleeding injury on his right forearm, was taken to the hospital by P.W. 4. From the Hospital, intimation was sent to D. Nagar Police Station. P.W. 11, Sub-Inspector of Police rushed to the hospital and obtained the complaint Ex. P1. He recovered the bloodstained clothes M.Os. 8 and 9 from P.W. 1. A case was registered in Cr. No. 158 of 1990 for an offence under Section 324, I.P.C. At that point of time, P.W. 5 and P.W. 9 brought the accused and produced before the Sub-Inspector of Police, D-Nagar Police Station. M.O. 1, Aruval, M.O. 2 Bag, M.O. 3-two fifty rupee currency notes, M.O. 4-citizen watch, M.O. 5-shirt and M.O. 6 broken glass pieces were seized from him. Then, P.W. 11, after investigation, on perusing the medical certificate and on examining the Doctor and other witnesses filed a charge-sheet against the accused under Sections 452 and 307, I.P.C., and Section 27 of the Arms Act.