KARUPPUSAMY AND Vs. STATE

JUDGEMENT

(1.) THIS revision petition is by the two accused.

(2.) THE two accused are brothers the accused incensed by a complaint before the police station given by P.W. 1 regarding an alteration, which took place one week back and also by the fact that P.W. 1 or his henchmen have been responsible to setting fire to the house of the accused, attacked P.W. 1 on 31.8.1983 at 1 p.m. in the street and caused him several injuries. P.W. 7, who investigated the case filed a final report under S. 173 of Crl.P.C., to the effect that an offence under S. 307 of the I.P.C, and one under S. 341, I.P.C., appear to have been committed by accused 1 and 2. Thereupon charges were framed accordingly by the Assistant Sessions Judge, Udumalpet. After perusing the evidence adduced by the prosecution consisting of seven witnesses, eight exhibits and seven material objects including the arm used (M.O.5 pen -knife), the court came to the conclusion that the case against the accused was proved, convicted them accordingly and sentenced them to three years rigorous imprisonment under S. 307 of the I.P.C., and to one month simple imprisonment under S. 341 of I.P.C., and ordered both the sentences to run concurrently.

(3.) THE only point raised by the Learned Counsel for the revision petitioners ii that the offence committed by the accused would not come under S. 307, I.P.C., but only under S. 308, I.P.C.