MARUDHA KANDAR, Vs. SUBRAMANIAN,

JUDGEMENT

(1.) The criminal revision case is filed to call for the records in C.C.No.16 of 1994 on the file of the Judicial Magistrate -I, Karur and to set aside the judgment dated 15 -09 -1994. The Criminal Appeal is against the order of conviction of A1 and A6 in the same case.

(2.) The accused who were nine in number, were charged for the offences under Ss. 147, 148, 149, 248(1), 323 and 325 of Indian Penal Code before the trial Magistrate. The trial Court after careful consideration of the prosecution evidence and the materials available on record, convicted the first accused for the offence under Sec. 323 of I.P.C. and imposed the fine of Rs.500/ - and also sentenced him to undergo R.I. for a period of one month and also convicted the sixth accused for the offence under Sec. 325 of I.P.C. and imposed the sentence of one month R.I. and also a fine of Rs.200/ -; the accused No.2, 3, 4, 5, 7, 8 and 9 were acquitted of all the charges levelled against them.

(3.) The case of the prosecution is that the accused and the prosecution witnesses are known to each of them as they belonged to the same village. There was a dispute between the accused and the prosecution party for certain reasons. On the date of occurrence, when the grand -daughter of P.W.1 namely, Sampoornam, and P.W.1's near relation Kamalam, Vijaya, Manjula went to take bath. The accused 1 to 9 teased them and as a result of it they returned home without taking bath. At about 7.00 P.M. On the day of occurrence when all the the accused came near the house of P.W.1, his son Natesan questioned them as to why they teased the girls in the morning. At that time, quarrel arose between them and the accused 1, 2, 3 and 9 were armed with rod. The ninth accused beat P.W.1's wife and his son with a rod on their forearm hand and caused injuries. P.Ws.4, 5 and 6, who were also at the scene of occurrence have also sustained injury by the other accused.