SUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed against the order passed by the 1st Additional Sessions Judge (Protection of Civil Rights), Thanjavur, in C.A.No.11 of 2008, dated 31.07.2008, modifying the order passed by the Judicial Magistrate No.3, Thanjavur, dated 11.12.2007 in C.C.No.111 of 2007.

(2.) It is the case of the prosecution that with regard to lending of money, there was a dispute between the family of the accused and the de-facto complainant and on 31.12006 at about 17.30 hours, when the complainant along with her husband sitting in front of their house, the accused scolded and attacked her, thereby caused injury. The Inspector of Police attached to Sengipatti Police Station filed a final report under Sections 294(b), 323, 324, 326 and 506(ii) IPC against the accused persons.

(3.) In the trial court, 12 witnesses were examined and 11 Exhibits were marked. When the accused were questioned about the incriminating circumstances, they denied the same. The trial court convicted the revision petitioner/A1 alone and sentenced him to pay a fine of Rs.200/-, in default to undergo SI for three weeks under Section 294(b) IPC; to undergo RI for three months and to pay a fine of Rs.500/-, in default to undergo SI for one month under Section 324 IPC and RI for 6 months and to pay a fine of Rs.1,000/-, in default to suffer 2 months SI for the offence under Section 327 IPC. Aggrieved by the conviction and sentence passed by the trial court, the revision petitioner/A1 filed an appeal in Crl.A.No.11 of 2008, which was heard by the I Additional Sessions Judge (PCR), Thanjavur. The first appellate Court modified the conviction and sentence, by setting aside the conviction and sentence imposed under Section 294(b) IPC and maintained the conviction under Section 324 IPC and reduced the conviction under Section 326 IPC into 4 months of RI with fine of Rs.1,000/-, in default 2 months SI. Challenging the order of the first appellate court, the revision petitioner/A1 is before this court .