Toufique Uddin, J. - (1.) THIS is an application under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, directed against judgement dated 31.01.2013 in Criminal Appeal No. 2 of 2011 passed by the Additional Sessions Judge, Andaman and Nicobar Islands, Port Blair and the judgement dated 5.2.2008 in GR Case No. 2671/03 under section 325 of Indian Penal Code passed by the Judicial Magistrate First Class -II, Port Blair. In the background of the case, the fact, in brief, is as follows:
(2.) THE present petitioner is a permanent resident of these islands working as Mazdoor in the Electricity Department, Andaman and Nicobar Administration and residing at the address given in the cause title. A complaint was lodged that on 21.07.2003, at about 9.00 am, when the complainant was repairing the fencing of his house, the petitioner and his wife came there and started abusing and when the petitioner requested not to use filthy language, the petitioner got angry and assaulted the complainant with blow on his face breaking one tooth of lower jaw and the wife of the petitioner assaulted the complainant with a danda. A charge sheet was filed after investigation under sections 325/323/504/34 of the Indian Penal Code against the petitioner and his wife.
(3.) ON hearing of both sides, charges were framed under sections 325/323/504/34 of the Indian Penal Code. The contention of the charges were read over and explained to the accused persons who pleaded not guilty and claimed to be trial.;