KUPPURAJ Vs. DHANDAPANI

JUDGEMENT

(1.) The petitioner's case is that on 27.05.2004 at about 9.30 a.m. the respondents 1 and 2 / accused due to previous enmity and with common intention joined together and assaulted the petitioner with sticks and hands and thereby causing injury to him, also assaulted his son Sathish on his left hand by causing grievous injury to him. Thereupon, the petitioner filed a complaint against the respondents 1 and 2 / accused before the 3rd respondent police. Based on the same, the 3rd respondent has registered a case in Crime No.39 of 2004 against the respondents 1 and 2 for the offence under Sections 325, 323. r/w. 34 of IPC and investigated the case. After investigation the 3rd respondent police filed final report on the file of Judicial Magistrate - II, Puducherry and the same was taken cognizance in C.C.No.488 of 2004 and issued summons to the respondents 1 and 2/ accused. Thereafter on appearance of the accused and issuance of free copies of documents as contemplated under Sections 207 of Cr.P.C. charges were framed against the accused for the offence under Sections 325, 323 r/w. 34 of IPC.

(2.) The respondents 1 and 2 / accused initially pleaded not guilty and claimed to be tried. Subsequently, when the matter was posted for the appearance of L.Ws, respondents have pleaded guilty of the offences and hence, the Court of the Judicial Magistrate has convicted them U/s. 325, 323 r/w. 34 of IPC and sentenced them to undergo imprisonment till the rising of Court on each count and also to pay a fine of Rs.500/- each on each count and in default, to undergo Simple Imprisonment for two months each on each count.

(3.) It is further case of the petitioner that he had sustained injuries and his son Sathish had sustained fracture of bones, resulted in huge medical expenses for treatment. That apart the fracture injury has caused permanent disablement to his son. However, the Learned Trial Judge without considering the grievous nature of the injuries, the permanent disablement caused to his son and the huge expenses incurred imposed disproportionately lesser punishment on the accused.