LAWS(MAD)-2018-10-546

CHELLAN @ CHELLAIAH Vs. STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, PULIYANGUDI, IN CR. NO. 190 OF 2005 OF SIVAGIRI P.S., TIRUNELVELI DISTRICT

Decided On October 05, 2018
Chellan @ Chellaiah Appellant
V/S
State Represented By Deputy Superintendent Of Police, Puliyangudi, In Cr. No. 190 Of 2005 Of Sivagiri P.S., Tirunelveli District Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.08.2008, made in S.C. No. 19 of 2006, on the file of the learned Second Additional Sessions Judge, Tirunelveli, Tirunelveli District.

(2.) The brief case of the prosecution is as follows:

(3.) The learned Senior Counsel appearing for the appellant would submit that the occurrence took place in a small trivial issue. The accused had no intention to cause injury and only when P.W.1 removed the palmyra sticks, the same was questioned by the accused and in the course of transaction, the accused caused injury on P.W.1, that too, using the Aruval kept by P.W.1. Further, it is the contention that there is no evidence to convict the accused for the offence under Section 294(b) IPC. Hence, it is submitted that some leniency may be shown to the accused.