MARKANDAN Vs. STATE

JUDGEMENT

(1.) THE revision petitioner was originally convicted by the learned Magistrate for the offence punishable under Section 325 IPC and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.500/- in default to undergo one month simple imprisonment and also convicted under Section 323 IPC and sentenced to undergo one month simple imprisonment and the said conviction was confirmed by the learned Sessions Judge in the appeal, but the sentence was modified as the accused to undergo simple imprisonment for one month and to pay a fine of Rs.5000/- indefault to undergo six months simple imprisonment under Section 325 IPC and also sentenced to pay a fine of Rs.1000/- indefault to undergo one month simple imprisonment under Section 323 IPC. Against the said conviction and sentence, the petitioner has preferred this revision petition.

(2.) THE case of the prosecution is that the petitioner and P.W.1 are brothers and there was a land dispute between the family members. On 03.11.1999, at about 6.00a.m., at Marakottaivellur in front of the house of the accused, the accused attacked P.W.1 with a stick and caused grievous injury on his right hand and also gave a slap on his cheek and pushed him down.

(3.) THE learned Government Advocate further submits that the delay in preferring the complaint by P.W.1 was that P.W.1 and the accused happened to be the brothers, P.W.1 approached the Panchayatdars and as the accused did not concede to the words of Panchayatdars, P.W.1 had given the complaint to the Police and the delay is therefore explained by the prosecution.