DURAIRAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.01.2003 made in S.C.No.337 of 1998 on the file of the Additional District & Sessions Judge (Fast Track Court No.II), Thoothukudy, in convicting the 1st appellant under Section 341 IPC and sentencing him to undergo one month simple imprisonment; under Section 326 IPC sentencing him to undergo one year Rigorous Imprisonment and to pay a fine of Rs.250/-, in default to undergo Rigorous Imprisonment for one month, and convicting the appellants 2 and 3 under Section 341 IPC and sentencing them to undergo one month simple imprisonment each and further convicting them under Section 324 IPC and sentencing them to undergo six months Rigorous Imprisonment.

(2.) THE brief facts of the prosecution case are as follows: Baskar (P.W.1) is the son of Selvaraj (P.W.2), the injured. Akkinimariyammal (P.W.3) is the sister of (P.W.2). On 29.10.1997, P.W.1 had fixed speaker sets for the celebration of Deepavali festival on behalf of the Youth Association. THE accused had questioned P.W.1 that from whom they got permission to fix the speaker sets and without their permission, no function shall be conducted. THEreafter, (P.W.2) the father of P.W.1 came and told the accused parties that it is the usual practice for every year to fix speaker sets on the occasion of Deepavali, and there is no necessity for troubling them. Because3 of such enmity, on 31.10.1997, at about 06.00 a.m., the 1st accused attacked P.W.2 with Aruval and when he warded off such attack, he sustained injuries on his left hand. THE second accused cut P.W.2 with the Aruval on the left side of the stomach. THE third accused cut P.W.2 with a knife on the right shoulder and cut on his back side also. When P.Ws.1, 3 and 4 raised alarming sound, on hearing the same, the accused fled away from the scene of occurrence. THEreafter, P.W.2 admitted for taking treatment in the Government Hospital, Tuticorin by P.W.1, one Paramasivan and P.W.4.

(3.) THEREAFTER, on receiving information from the Government Hospital, Tuticorin, the Head Constable (P.W.9) went to the Hospital and recorded the statement of P.W.1, the son of injured (P.W.2), since P.W.2 was unconscious. After returning to the Police Station, the Head Constable registered a case in Crime No.200/1997 under Sections 147, 148, 341, 323, 307 IPC and prepared First Information Report (Ex.P.6) and sent the same to the higher officials.