A THIAGARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition coming on for hearing on this day upon perusing the petition, and the judgment of the Lower courts, and the record in the case, and upon hearing the arguments of Miss P.G. Thamarai Selvi for the Public Prosecutor on behalf of the state and the petitioner not appearing in person or by Advocate, the Court made the following order:

(2.) The case of the prosecution was as follows: On account of some transaction of bananas an amount of Rs. 1500/- was due by P.W. 1, victim, to the accused. When P.W. 1 was in the vicinity of the accuseds shop, he was summoned by the accused to the shop. The accused then asked P.W. 1 to pay at least Rs. 500/- out of Rs. 1500/- due, for Deepavali expenses. Upon TP.W. 1 bluntly saying that he can pay back the amount due only in the month of TThat, there was an altercation between the both. Thus P. W. I was persuaded to leave the shop by P.W. 3. When P.W. 1 had left the shop and moved ten steps, the accused came behind and gave a cut on the back of the neck of P.W. 1. Then P.W. 1 took his Somam and put it over the wound. Then the accused came again and said: Oh! you escaped; be finished with this. So saying the accused gave a cut on the front. P.W. 1 snatched away the arrival. The accused ran northwards. P.W. handed over the arrival to P.W. 3.

(3.) Upon finishing the investigation, the Investigating Officer filed final report under section 173 of the Cede of Criminal Procedure to the effect that an offence under section 307, Indian Penal Code, appeared to have been committed by the accused. Charge was framed accordingly by the Additional Sessions Judge, Trichirappalli. The prosecution examined 11 witnesses consisting of the victim and three eye witnesses, marked even exhibits and produced seven material objects, the accused examined one witness. Upon perusing the evidence adduced and the arguments put forth by both sides the trial court came to the conclusion that the charge was proved and accordingly convicted the accused under section 307, I.P.C. and sentenced him to five years of rigorous imprisonment. On appeal, the Additional Sessions Judge, Trichirapalli, by judgment dated 23.S.1983 confirmed the conviction and reduced the sentence to three years of rigorous imprisonment. This revision is directed against the said appellate judgment.