CHINNASAMY Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Revision Petition is filed aggrieved by the modified conviction and sentence imposed by the lower Appellate Court, while partially allowing the appeal preferred by the present Revision Petitioners.

(2.) The brief facts of the case is that, there was a dispute between the Revision Petitioners and the family of Defacto Complainant in respect of property bearing Survey No. 207/4A and 207/5B in Aerikodi Village, Krishnagiri District. About 18 years before the incident, PW-2 the father of PW-1 alleged to have been put in possession of the property by the 1st Revision Petitioner, pursuant to the sale agreement. Though, there was an agreement for sale, sale deed not completed and executed. While so, the Suit was filed by PW-2 for Specific Performance. In the mean time, counter Suit was filed by the 1st Revision Petitioner for Declaration and Injunction.

(3.) On 12.04.2004. When PW-1 and PW-2 went to collect the fruits of Pungai tree, the Revision Petitioners have protested not to collect the same by claiming right over the property. In the said course, PW-1 and PW-2 were attacked by the accused persons and both of them sustained injuries. The injuries sustained by PW-2 were grievous in nature. Complaint was given by PW-1 to the police narrating the incident alleging the Revision petitioners along with 5 others assaulted them with deadly weapon. The case was registered against the Revision petitioners and five others for offence under Sections 148, 147,307 and 307 r/w 109 and 324 IPC.