EKAMBARAM Vs. SUNDARAMURTHY

JUDGEMENT

(1.) -This petition coming on for hearing on this day upon perusing the petition and the judgment of the Lower Courts and the record in the case and upon hearing the arguments of Mr. V. Gopinath Advocate for the petitioner and of Mr. S. Kanniah Advocate for the 1st respondent and Mr. T. Munirathina Naidu Advocate for the Public Prosecutor on behalf of the State the Court made the following order: This is a revision petition by the accused.

(2.) The salient facts of the case are as follows: The accused is a Physical Education Teacher of a privately managed school in Navalpur. P.W. 1 as the Headmaster of the said school. It appears that at the beginning of the month of September 1983, the Head Master has made some changes in the time table and communicated the same to all the teachers including the accused. The Head master complained that the Physical Education Teacher came into his room and expressed his dissatisfaction on the changes and upon the Head Master expressing his inability to change the same, there was wordy quarrel, after which the Physical Education Teacher beat the Headmaster with the ruler, dashed him against an almirah and caused him injuries. The complaint was filed to the police on the same day. The matter was referred as a mistake of fact by the Police on 12.9.1983. Then the Head Master filed a private complaint to the Judicial Second Class Magistrate, Wallajah on 13.9.1983. The Physical Education Teacher on his part filed another private complaint before the same Magistrate on 6. 10.1983. Both the complaints were tried by the Magistrate one after the other and the Magistrate delivered judgments in both the cases on the same day, namely, 30.6.1984, dismissed the complaint filed by the Physical Education Teacher and acquitted the Head Master, who was charged under section 323, I.P.C. Upon the complaint of the Head Master, convicted the Physical Education Teacher under sections 323 and 448, I.P.C and sentencing him to pay a sum of Rs. 50/- as fine under each offence, in default to undergo simple imprisonment for 15 days. On appeal, the Chief Judicial Magistrate, Venore of North Arcot District, by his judgment dtd. 14.2.85, acquitted the Physical Education Teacher of the charge under section 448, I.P.C. He however, confirmed the conviction under section 323, I.P.C., but modified the sentence imposed by the Trial Court and released the accused after due admonition. This revision petition is filed by the Physical Education Teacher against the conviction under section 323, I.P.C.

(3.) Two main grounds were urged by the learned counsel for the Revision Petitioner. The first is that the complainant has not explained in any manner the injuries found on the body of the accused, Physicial Education Teacher. The second is that the Magistrate has not taken into consideration the totality of the evidence appearing in both the cases. He therefore, contended that the Magistrate has taken an one sided view in this transaction in the course of which obviously both the parties have sustained injuries, without ascertaining which party is the aggressor.