JOHN HITLER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant was charged and tried before the learned Sessions Judge, Fast Track Mahila Court, Nagercoil, in S.C. No.73/2012, for the offences u/s 294 (b), 506 (ii) and 307 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act and on being found guilty, was convicted and sentenced as under :-

(2.) The facts, shorn of unnecessary details, are briefly stated hereunder :- P.W.1 is the defacto complainant and P.W.2 is the brother of P.W.1. P.W. 3 is the friend of P.W.2. It is the case of the prosecution, that with regard to the game of cricket, there was previous enmity between the accused and P.W.2 due to which on 22.4.2010, at about 6.30 p.m., near Alandurai Bus Stand, while P.W.1 tried to climb the motorcycle driven by P.W.2, the accused came there and used obscene and filthy language and, thereafter, the accused pushed the motorcycle in which P.W.2 was sitting and taking a stone, the accused threatened P.W.2 and chased him and also threatened to do away with him and in the course of the same transaction, the accused caused injuries on the abdomen of P.W.1 by kicking her and caused injuries on the front and back of her chest by hitting her with the stone with the intention of murdering P.W.1 and, thereafter, with a view to outraging the modesty of P.W.1, the accused carried her on his shoulder and threw her from atop the Alandurai Bridge in to the pit down below, due to which P.W.1 suffered injuries on the right thigh. Thereafter, the accused went away from the scene of occurrence.

(3.) P.W.2 and one Boaz, who came to the scene of occurrence at about the point of time, along with the public, who had gathered around the place, lifted P.W.1 and sent her to Thucklay Government Hospital along with P.W.2 in a vehicle that was coming that way Thereafter, P.W.1 was shifted to Asaripallam Hospital.