M.IYAPPAN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The present criminal revision case has been filed to set aside the judgment passed by the learned III Additional District and Sessions Judge, Kallakurichi in C.A.No.63 of 2017 dated 19.03.2019 confirming the judgment passed by the learned Judicial Magistrate-I, Kallakurichi in C.C.No.160 of 2014 dated 11.09.2017.

(2.) The case of the prosecution is that the revision petitioner and the victim are belongs to Kallakurichi Police Jurisdiction. On 30.09.2013 at about 5'O clock, when P.W.2 was working in his agricultural land, the revision petitioner/A3 and other accused went there and attacked him. When P.W.2 asked about the incident to the accused persons, the revision petitioner has bitten the right side index finger of P.W.1 and caused injuries to him. The victim admitted in the Government Hospital at Kallakurichi and P.W.3/Doctor treated him and deposed that P.W.1/victim came to hospital and reported that one known person has bitten his right side index finger and the portion of that finger has also been missed. P.W.3 has given wound certificate/Ex.P2 stated as grievous in nature. Based on the complaint, the respondent police registered a case against the revision petitioner and others. After investigation, the respondent police filed the charge sheet against the revision petitioner for offence under Section 147, 148, 294(b), 324 and 506(ii) IPC and the same was taken on file before the learned Judicial Magistrate-I, Kallakurichi in C.C.No.160 of 2014. During the trial, the prosecution has examined as many as 8 witnesses viz., P.W.1 to P.W.8, marked 6 documents viz., Ex.P1 to Ex.P6. On the side of the defence, no witness was examined and marked Ex.R1. After considering the materials, the learned Magistrate acquitted A1, A2, A4, A5, A6 and A7 and found the A3 guilty and convicted for the offence punishable under Section 326 IPC and sentenced to undergo simple imprisonment for a period of six months and to pay a find of Rs.5000/-

(3.) Challenging the judgment of conviction made by the learned Magistrate I Kallakurichi, the revision petitioner/A3 has filed an appeal before the learned Principal District and Sessions Judge, Villupuram in C.A.No.63 of 2017. The learned II Additional Sessions Judge, Kallakurichi, after hearing bothsides, dismissed the appeal. Conviction and sentence passed by the learned Magistrate in C.C.No.160 of 2014 dated 11.09.2017 was confirmed. As against the judgment dated 19.03.2019 passed by the learned II Additional Sessions Judge, Kallakurichi, the revision petitioner has preferred the present revision before this Court.