MAYANDI Vs. STATE OF TAMIL NADU, REPRESENTED

JUDGEMENT

(1.) The convicted accused viz., A1 and A2 are the appellants herein and they have preferred this criminal appeal against the judgment of conviction and sentence passed by the learned Additional Assistant Sessions Judge, Dindigul, dated 10.04.2008.

(2.) After hearing either side and considering the evidence on record, the learned Additional Assistant Sessions Judge, by judgment dated 10.04.2008, in S.C.No.95 of 2004, convicted and sentenced both accused Nos.1 and 2/appellants herein as follows:

(3.) The respondent police has filed Charge Sheet in Cr.No.405 of 2003 alleging that there was a land dispute and previous enmity between accused 1 and 2 and the victim party for more than five years; that some branches of Karuvel trees grows in the lands of accused 1 and 2 reclined in the de facto complainant's land; that when the defacto complainant requested the accused to cut the branches, they refused to cut the same. It is the further case of the prosecution that on 15.08.2003 when the de facto complainant party cut the branches of trees reclined within their land, wordy quarrel arose between the first accused and the de faco complainant and the second accused causes cut injury on the head of PW1 with an Aruval; that the first accused also cut the right elbow, left chest and left wrist of PW2 with an Aruval and when PW3 attempted to prevent the same, the second accused cut the left fingers, except thumb of PW3 and caused injury and thereby, both A.1 and A.2 had committed the offences under Sections 324, 326 and 307 IPC.