SIVARAJ Vs. VELLAICHAMY ALIAS VENKIDUSAMY

JUDGEMENT

(1.) THESE revisions have been preferred against the judgment in C.C.No.222 of 2002 on the file of the Judicial Magistrate No.II, Udumalpet.

(2.) THE short facts of the case of the prosecution is that on 15.10.2002 at about 9.00 pm the accused had waylaid the lorry bearing registration No.TDY-9983, which was driven by the driver Marimuthu (P.W.3) by parking his jeep bearing registration No.TN.55-4444 in the midst of the road thereby wrongfully restraining P.W.3 Marimuthu from proceeding further in his lorry and also criminally intimidated P.W.3, with a Koduval and when P.W.3 informed about the occurrence to P.W.1, his employer, P.W.1 rushed to the place of occurrence and asked whether the accused had restrained his driver, thereupon the accused has assaulted P.W.1 with an aruval causing injury on his right middle finger. Hence, the accused has been charged under Section 341, 352, 326 and 506(ii) IPC.

(3.) P.W.2 - Karupasamy is the brother of P.W.1. According to him, on 15.10.2002 he followed the lorry bearing registration No.TDY-9983 to his village on the eve of Ayuthapuja and that the accused had parked his jeep bearing registration No.TN.55-4444 in the midst of the road obstructing the lorry from proceeding further and that the accused had made an attempt to assault the lorry driver, immediately he along with the lorry drive went and informed P.W.1, who also accompanied them to the place of occurrence and when he enquired about the incident, the accused had assaulted P.W.1 with an aruval on the right middle finger causing grievous injury. He has identified M.O.1 as the aruval used by the accused at the time of the occurrence.