HEMNATH Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.245/2009 on the file of the learned II Additional Sessions Judge, City Civil Court, Chennai. There are two accused in this case. By judgment dated 05.11.2012, the 1st accused/appellant herein stood convicted for offences under Sections 341 and 326 of IPC and the trial court sentenced him to undergo one month simple imprisonment for the offence under Section 341 of IPC and also sentenced him to undergo 3 years rigorous imprisonment and to pay a fine of Rs.1000/-, in default, to undergo 3 months simple imprisonment for the offence under Section 326 of IPC and the 2nd accused, namely, Munusamy @ Rajendran was acquitted by the trial court. Challenging the said conviction and sentence, the 1st accused/appellant is before this Court with this Criminal Appeal.

(2.) The case of the prosecution is that on 16.04.2009 at about 11.30 a.m., when the victim P.W.1 Babu was going near the Aavin Milk Booth in the South Canal Bank Road, Mandaveli, Chennai, due to previous enmity between the accused and P.W.1 Babu, with an intention to murder him, the appellant herein/1st accused along with the 2nd accused, came in a Bajaj Pulser Motor Cycle bearing Registration No.TN 07 AF 5456, restrained him, caught hold of the victim P.W.1 Babu and the appellant herein/1st accused assaulted the victim P.W.1 on his head and cut his left forearm with knife causing grievous injuries and thereby committed the offences punishable under Sections 341, 326 and 307 read with 34 of IPC.

(3.) The complainant/victim P.W.1 Babu stated that he is living with his grandmother and working as a painter. He also stated that the accused are known to him and the 1st accused/appellant herein is the son of his uncle Ashok and his another uncle is P.W.3 Anand. According to him, while his uncles Ashok and Anand used to fight among themselves, he used to intervene and pacify them. On 14.04.2009, around 11.00 a.m., while he was walking near the Milk Booth in the South Canal Bank Road, the son of his uncle Ashok, namely, the 1st accused Hemnath, came as a pillion rider in a bike driven by the 2nd accused Munusamy and assaulted him with knife on the right side of his head and left fore arm stating that only because of him, dispute is arising in the family.