K DHANAPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S. C. No. 24 of 1998 on the file of the learned Sessions Judge, Nilgiris at Udagamandalam. The short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows:-On 08. 02. 1998 at about 6. 15. pm due to previous enmity the accused had inflicted injury on the neck of P. W. 2-Ravichandran with a barber's razor causing simple injury and in the course of the occurrence had also pushed P. W. 1 on the ground thereby causing simple injury to him. The case was taken on file by the learned Judicial Magistrate, Coonur and registered as PRC. No. 4/1998. On appearance of the accused on summons, the learned Judicial Magistrate furnished copies under Section 207 of Cr. P. C. and since the case is triable only by the Court of Sessions, the learned Judicial Magistrate has committed the case to the Court of Sessions under Section 209 of Cr. P. C. The learned Sessions Judge has framed charges under Section 307 and under Section 323 IPC and when the accused was questioned he pleased not guilty. The prosecution has examined P. W. 1 to P. W. 10 and marked Ex. P. 1 to Ex. P. 14 and M. O. 1 to M. O. 3.

(2.) P. W. 1 is an injured witness. According to P. W. 1 on 8. 2. 1998 while he was returning to his home along with P. W. 2 from Willington at about 6. 30 pm the accused came from the opposite direction and picked up quarrel with P. W. 2 and that he (P. W. 1) intervened and tried to pacify the accused and at that time the accused pushed him on the ground thereby causing simple injury and when P. W. 2 questioned about this the accused went inside a barber's shop owned by one Easwaran (P. W. 5) and took a razor from the shop and caused injury on the neck of P. W. 2. After inflicting the injury the accused had ran away from the scene occurrence and that he along with Murali took the injured Ravichandaran to the Government Hospital, Coonur, where he was admitted as an inpatient and that he had preferred a complaint-Ex. P. 1 with the police.

(3.) P. W. 2-RAVICHANDRAN would corroborate the evidence of P. W. 1 in respect of the date and time of the occurrence. He would depose that at the time of occurrence the accused had pushed P. W. 1 on the ground and that P. W. 1 had sustained a simple injury on the left index finger due to the fall and when questioned about the said incident the accused criminally intimidated by saying that only if P. W. 2 is killed he (P. W. 2) will not interfere in such matters and also used abusive language against P. W. 2 and immediately the accused went inside the barber shop and took out a barber's razor and inflicted injury on the left side of his neck and that he also made an attempt to cause incised wound on his stomach but he could not succeed in the attempt. Due to the said attempt his shirt was torn. After committing the crime the accused ran away from the scene of occurrence. P. W. 2 would admit that the accused had also sustained injury near the left eye at the time when he tried to prevent the accused from making any assault on him. He has also identified M. O. 1 as the barber's razor used by the accused at the time of occurrence and that M. O. 2-blood stained shirt and M. O. 3-blood stained banian are his wearing apparels.