MURUGAN Vs. STATE

JUDGEMENT

(1.) CHALLENGING the Judgment of conviction and sentence, dated 14.11.2003, made in Criminal Appeal No,56/03, on the file of Sessions Judge Nagapattinam, the petitioners who are arrayed as A1 to A3 have preferred this Revision.

(2.) IT is seen that the petitioners herein are arrayed as accused in C.C.No.149 of 2001, on the file of District Munsif-cum-Judicial Magistrate, Nannilam. As per the prosecution, case, on 20.05.1999 at about 9.15 a.m., due to previous enmity, the petitioner/accused with the common intention to commit the crime, while accordingly the petitioners 2 and 3, who are arrayed as A2 and A3 held the victim, and the first petitioner/A1 stabbed the victim in his abdomen/stomach and thereby the first petitioner A1 committed the offence punishable under sections 326 and 506(2) I.P.C. and petitioners 2 and 3 committed offence punishable under sections 341, 326 read with 109 IPC.

(3.) AGGRIEVED by the judgment of conviction the accused persons preferred appeal before the Session Court, Nagapattinam. The learned Session Judge, Nagapattinam in C.A.No,56/03, by judgment dated 14.11.2003 modified the conviction and sentence whereby the first petitioner A1 was convicted under Section 324 IPC and other petitioners 2 and 3 / A2 and A3 were convicted under Sections 324 read with 109 IPC and each of them were directed to undergo one year imprisonment and to pay a fine of Rs.1,000/- and in default to undergo three months imprisonment. AGGRIEVED by which the revision has been preferred by the petitioner / accused.