MURUGAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner along with two other accused was tried by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Thoothukudi, in S.C.No.84 of 2007, for the offences under Sections 307 r/w 34 I.P.C., 326 r/w 34 I.P.C., and 323 r/w 34 I.P.C., (three counts). The Trial Court by order, dated 03.01.2008, had found the petitioner guilty for the offence under Section 326 I.P.C., and convicted him to undergo five years rigorous imprisonment and to pay a sum of Rs.1,000/- as fine and in default, to undergo three months rigorous imprisonment. The petitioner / first accused filed an appeal in C.A.No.14 of 2008, before the learned Additional District Judge, Fast Track Court No.II, Thoothukudi, and the Appellate Court by Judgment dated 24.04.2008 confirmed the conviction, however, modified the sentence to one year rigorous imprisonment for the offence under Section 326 I.P.C. The revision is filed against the said Judgment passed in C.A.No.14 of 2008.

(2.) The case of the prosecution in brief is that on 24.04.2006, at about 09.45 p.m., in Thoothukudi, due to the previous enmity in respect of sharing the commission in loading the salt bags, the petitioner / first accused along with two other accused had attempted to cut one Gnanaraj, with an intention to murder him with Arival and at that time, the witness Rajamani had tried to prevent the same and sustained injuries in his head. The second accused had cut the right index finger of Gnanaraj and the third accused had caused injury to the witnesses Rajamani and Gnanaraj by beating them with hands. The accused 2 and 3, while attempting to retrieve the Aruval from the hands of the petitioner / first accused, sustained injury in his hands and thereby, the petitioner / A1 was charged for the offence punishable under Sections 307, 326, 323 r/w 34 I.P.C., the second accused was charged for the offence punishable under Sections 307 r/w 34, 326 r/w 34 and 323 r/w 34 (three counts) I.P.C., and the third accused was charged for the offence punishable under Sections 307 r/w 34, 326 r/w 34 and 323 (two counts) I.P.C. The accused had denied the charges framed as against them and trial was conducted and on the side of the prosecution, twelve witnesses were examined as P.Ws.1 to 12 and ten exhibits and one material object were marked as Exs.P1 to P10 and M.O.1 respectively. After completion of the trial and after examining the oral and documentary evidence, the Trial Court, by Judgment, dated 03.01.2008, found the petitioner / first accused not guilty for the offence punishable under Sections 307 and 323 r/w 34 I.P.C., and found the accused 2 and 3 not guilty for the offence punishable under Sections 307 r/w 34, 326 r/w 34 and 323 I.P.C., and acquitted them from the charges framed against them by giving benefit of doubt, however, found the petitioner / first accused guilty for the offence under Section 326 I.P.C., and convicted and sentenced him for the said offence as stated above and the period during which, the petitioner / first accused was in remand i.e., 26.04.2006 to 17.05.2006 was directed to be set off under Section 428 Cr.P.C.

(3.) Challenging the conviction and sentence imposed by the Trial Court, the petitioner / first accused preferred an appeal in C.A.No.14 of 2008, before the learned Additional District Judge, Fast Track Court No.II, Thoothukudi.