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2009 Supreme(SC) 883

ARIJIT PASAYAT, ASOK KUMAR GANGULY
George Pon Paul – Appellant
Versus
Kanagalet – Respondent


Advocates Appeared: For the Appellants:C. Paramasivam, P. Ramesh, Rakesh K. Sharma, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

Challenge in this appeal is to the order passed by a learned Single Judge of the Madras High Court allowing the revision petition filed by the present respondent nos. 1 and 2 while dismissing the revision petition filed by the present appellant. The High Court was of the view that for the offence punishable under Section 326 of the Indian Penal Code, 1860 ( in short IPC) only the fine was imposed and therefore sentenced the appellant to undergo rigorous imprisonment for two years in addition to the fine imposed. Prosecution version as unfolded during trial was that on 7.1.1993 at about 2.45 P.M. three accused persons trespassed into the house of respondent No. 1 (PW1) and attacked her husband respondent No. 2 (PW2). While the said attack was restrained by PW1., they attacked her also with Vettu Kathi and other weapons and caused injuries to both of them. All the three accused were tried for commission of offence punishable under Sections 452, 326, 324 and 325IPC. The trial court directed acquittal of the accused Nos. 2 and 3 while convicting the present appellant for the offences punishable under Section 326 and 452 IPC. The present appellant chall








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