P R DURAISAMY Vs. R PADMANABHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C.C.27 of 2000 on the file of Judicial Magistrate No.2, Udumalpet, Coimbatore.

(2.) THE short facts of the case of the prosecution are that on 25.4.1999 at about 10.00a.m., due to previous enmity, the accused had obstructed the complainant from driving the tractor had bitten his left index finger and also kicked him thereby causing grievous injuries. Since the complaint preferred by the complainant was referred to by the police, the complainant had preferred a private complaint under Section 200 of Cr.P.C. against the accused.

(3.) WHEN incriminating circumstances were put to the accused under Section 313 Cr.P.C., he has denied his complicity with the crime. After going through the evidence both oral and documentary let in before the learned trial Judge, the learned trial Judge has come to a conclusion that there is a discrepancy in the complaint and the evidence of P.Ws 1 and 2 and in the complaint, there is no averments that in the occurrence the scapular bone on the shoulder got fractured. Under such circumstances, giving benefit of doubt to the accused, the learned Judicial Magistrate No.2, /trial Judge has acquitted the accused. Aggrieved by the findings of the learned trial Judge, the complainant has preferred this appeal.