PALANIVEL Vs. PACKIRISAMY

JUDGEMENT

(1.) In the FIR, the respondents 1 to 3 were shown as A2 to A4 and pursuant to the splitting up of the case against A1, the respondents 1 to 3 were ranked as A1 to A3 in S.C.No.192 of 2005.

(2.) The revision petitioner/PW2 has filed this petition aggrieved over the acquittal of the first respondent herein / A1 in respect of the offences under Sections 302 and 341 r/w 34 IPC and second and third respondents herein / A2 & A3 in respect of the offences under Section 341 r/w 34 IPC. Though the first accused was acquitted of the charges completely, the second and third accused were convicted for the offence under Section 324 IPC and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 1,000/- in default to undergo imprisonment for three months by the Trial Court.

(3.) The case of the prosecution is that due to family dispute and previous motive between the accused and the deceased family, on 19.10.2003 at about 05.00 a.m., when the deceased Pitchai @ Pitchian along with his family members were going to fishing, the accused persons wrongfully restrained the deceased and his family members in front of Muneeswaran Kovil. Further, the allegation of the prosecution is that the deceased was assaulted on his back head by the 1st accused by using wooden stick and the son of the deceased, namely, Chinnayan was stabbed by the 2nd accused by using knife, while he attempted to rescue the deceased. Further, another son of the deceased, namely, Palanivel was assaulted by the 3rd accused by using sickle, which resulted in registration of the case in Crime No.257 of 200