- (1.)The Appellant is the accused in S.C. No. 22/97 on the file of Additional Sessions Judge, Pondicherry at Karaikkal. Aggrieved over the conviction under Section 308, Part II, I.P.C. and sentence of rigorous imprisonment of three years imposed upon him, the appellant has preferred this appeal.
(2.)The occurrence on 25-8-1995 arose in a strange situation, PW 1 Muthukumaraswany, P.W. 2 Kumar and P.W.3 Mathavan are the employees under Rajeswari Lorry Service. On the fateful day 25-8-1995, P.Ws.1 to 3 happened to be inside E.I.D. Parry Company, Thennangudy village to unload the iron rods, which they transported in lorry No. TSL 4243.
(3.)Prosecution case : Case of Prosecution is that while they were unloading the iron rods, the appellant/accused came in a van (which was on Contract of E.I.D. Parry Company) and parked in front of the lorry. The appellant/accused questioned P.W. 2 as to why he parked the lorry in such a way preventing his vehicle from coming inside the factory, which resulted in wordy altercation between them . Within few minutes, the appellant/accused came with M.O. 1 iron pipe and hit on the backside scalp of P.W.2 and ran away from the place. Injured P.W.2 became unconscious and fell down. P.W.3 informed the matter to P.W.4 the security officer of the factory and brought him to the scene of occurrence. Then, P.W. 4 engaged a taxi and P.W. 1 was taken to General Hospital, Karaikkal and admitted thereon.