PERUMAL ALIAS MANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment in C. A. No. 197 of 2004 on the file of the Principal District and Sessions Judge, Erode which had arisen out of the Judgment in C. C. No. 466 of 2001 on the file of the Judicial Magistrate NO. 3, Erode.

(2.) THERE are totally four accused. The learned trial Judge has convicted A1 to A4 under Section 447 of IPC , A2 was convicted under Section 323 of IPC and A1 and A4 were convicted under Section 324 of IPC and A3 was convicted under Section 326 of IPC and sentenced A3 to undergo nine months rigorous imprisonment and slapped a fine of Rs. 1000/- with default sentence. Aggrieved by the findings of the learned trial Judge, A1 to A4 have preferred an appeal in C. A. No. 197 of 2004 before the Principal District and Sessions Judge, Erode. The learned Sessions Judge, while confirming the conviction had modified the sentence against A1 and A4 under Section 323 of IPC and under Section 324 of IPC from a fine of Rs. 1000/- to Rs. 500/- each and as against A3, the learned first appellate Judge has confirmed the conviction and sentence under Section 326 of IPC. The conviction and sentence under Section 323 of IPC against A2 has been set aside by the learned first appellate Judge. Aggrieved by the findings of the learned first appellate Judge,a3 has preferred this revision.

(3.) THE learned trial Judge, after taking the case on file, had furnished copies under Section 207 of Cr. P. C. on appearance of the accused on summons and also framed charges under Sections 447, 324,506 (ii) of IPC against A1 and A4, under Sections 447, 323 ,506 (ii) of IPC against A2, and under Sections 447,326 and 506 (ii) of IPC against A3 and when questioned, the accused pleaded not guilty.