PARTHASARATHY Vs. STATE

JUDGEMENT

(1.) This appeal is arising out of the judgment dated 28.09.2012 made in S.C.No.8 of 2012 on the file of the learned II Additional District and Sessions Judge, Tindivanam, thereby convicting the appellant/accused for the offence under Section 324 of IPC and sentencing him to undergo Rigorous Imprisonment for three months and to pay a fine of Rs. 5,000/- in default of payment of fine to undergo Simple Imprisonment for one month.

(2.) The case of the prosecution is that on 30.03.2011 at about 8.00 p.m. P.W.1, P.W.2 and P.W.3 along their relatives were watching television inside of their house. While so, they heard a noise from outside their house and they came out. They saw A1 to A3 standing in front of their house, questioning about the quarrel between their family members. On such quarrel, the second accused attacked P.W.2, P.W.1 and P.W.3 using his hands and legs. The second accused assaulted P.W.1 with his hands and the first accused attacked P.W.1 on his head by stick. Immediately, P.W.1, the complainant was taken to Jipmer Hospital, Puducherry. The Doctor, P.W.5, noted the injuries and issued wound certificate on the same day. kThe Sub Inspector of Police recorded the statement of P.W.1 and registered the same in Crime No.42 of 2011 for the offences under Sections 341, 323 and 307 of IPC as against A1 to A3. The Inspector of Police P.W.6 took up the investigation and proceeded with the interrogation of witnesses and filed charge sheet for the above said offences against A1 to A3. The accused denied the same and claimed the trial.

(3.) The prosecution examined the witnesses P.W.1 to P.W.6 and marked Exs.P1 to P8 and produced M.O.1. On questioning under Section 313 of Cr.P.C, all the accused denied all the incriminating evidence against them and pleaded innocence and false implication in the crime in question ; on completion of trial, the Trial Court acquitted the accused 2 and 3 and convicted the appellant/A1 alone for the offence under Section 324 of IPC and sentenced as stated above as against which the present appeal.