STANLEY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Revision has been preferred against the order in C. C. No. 251 of 2001 on the file of the Judicial Magistrate No. III, Coimbatore.

(2.) THE short facts of the prosecution case is that A8-Devaraj is the owner of a wine shop by name Elight Wines at Munusamy Garden Road, Coimbatore. On 25. 9. 2000 at about 11. 00 pm the complainant Dr. Stanley went to the above said wine shop for the purpose of consuming liquor and after consuming liquor the complainant had demanded more liquor which was rightly rejected by the accused. There arose a commotion in which the complainant Dr. Stanley was assaulted by the accused with hand and sticks causing simple and grievous injuries. The specific overtact attributed against A2, A3, A4, A5 and A7 is that the accused have assaulted Dr. Stanley with hand causing simple injury and A1 and A6 have attacked Dr. Stanley with stick causing grievous injury and that A2 and A3 have torn the shirt pocket of Dr. Stanley thereby committing damage to the tune of Rs. 500/ -. A1 to A7 are the employees under A8.

(3.) THE complaint was taken on file in Cr. No. 330 of 2000 by the Inspector of Police, B4 Race Course Police Station, Coimbatore City. The Inspector of Police after following the formalities and examining the witnesses and after recording their statements, has filed the charge sheet against A1 to A8 before the Judicial Magistrate No. III, Coimbatore. After taking the charge sheet on file, the learned Judicial Magistrate issued summons to the accused. On appearance of the accused copies under Section 207 of Cr. P. C. , were furnished to the accused and charges under Section 147 IPC were framed against A1 to A7 and charges under Section 323 IPC were framed against A2, to A5 and A7 and charges under Section 325 IPC were framed against A1 and A6 and charges under Section 427 IPC were framed against A2 and A3 and charges under Section 4 (1) (k) of the Tamil Nadu Prohibition Act and under Section 24 of the City Police Act were framed against A8 and when questioned all the accused pleaded guilty.