(1.) THE appellant/A-1 stands convicted for the offence under Sections 506 (II) IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- in default to undergo simple imprisonment for three months and the appellant also stands convicted for the offence under Section 332 IPC (2 counts) and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.500/- each in default to undergo simple imprisonment for three months by the judgment of the learned Principal Sessions Judge, Erode in S.C.No.126 of 1998 dated 13.1.2004. Challenging the said conviction and sentence, the appellant has come forward with the present appeal.
(2.) THE case of the prosecution is that on 15.8.1997, at about 3.45 p.m. A1 to A4 entered into the police station at Kundadam and enquired P.W.1 Head Constable, about the whereabouts of the two persons who had gone for sticking posters and said to be missing from the previous day. At that time, a wordy quarrel took place in between P.W.1 and the accused. In the wordy altercation, according to P.W.1, the accused used filthy language against the police personnel and inflicted injuries on P.W.1 P.W.2 the other constable also sustained injuries. P.W.7 the Sub Inspector of Police came to the police station at about 4.30 p.m. to whom P.W.1 gave Ex.P1 special report stating that the accused trespassed into the police station and assaulted P.Ws. 1 and 2. THEn P.W.7 sent the injured constables to the Government Hospital, Dharapuram along with medical memo. P.W.7 registered a case in Cr.No.195/1997 under Sections 448, 332 and 506 (II) IPC and prepared Ex.P8 FIR. He arrested A1 to A4 and sent A1 to Government Hospital, Dharapuram. Subsequently, P.W.7 examined P.Ws. 5 and 6 and altered the section of offence to Section 307 IPC and prepared Ex.P10. P.W.4 to P.W.6 are the eye witnesses, who were present at that time. P.W. 3 is the Government Hospital Doctor who treated the police constables P.W.1 (HC 1585) and P.W.2 (P.C.1061) on 15.8.1997 at 3.45 p.m. for the injuries inflicted on them. P.W.3 issued Ex.P3 Accident Register copy . Subsequently, further investigation was taken by P.W.8 Inspector of Police, Kundadam. He completed the investigation and laid the charge sheet against the accused under Sections 333, 332, 109 and 506 (I) IPC.
(3.) THE vehement contention of the learned Senior Counsel for the appellant is that the appellant/A-1 went to the police station to enquire about the missing men, where he was manhandled by the police and he suffered severe injuries. THE learned Senior Counsel on that basis pleaded that the prosecution case has to be disbelieved and accused is entitled for acquittal.