Imprisonment awarded for default in payment of fine is penalty.

The Appellant was tried in S.C. No. 125 of 1988 on the file of the 8th Assistant Sessions Judge, Madras, under three heads of charges. The first charge was for an offence under Section 452, I.P.C., on the allegation that on 25-4-1986 between 9 and 10 A.M., when P.W. 1 Frederick Kanakaraj, the District Munsif, Ponneri, was travelling in an electric train from Madras Central to reach his work spot, on the way at Ennore Railway Station, the appellant due to prior enmity trespassed into the first class compartment, where P.W. 1, was seated, after having made preparation to attack him. The second charge was framed for an offence under Section 307, I.P.C. alleging that during the course of the same transaction, the appellant attacked P.W. 1, with a koduval knife by chasing the victim, who got down from the first class compartment No. 12252 and got into a second class compartment, to escape from the wrath of the appellant. The third charge was framed for an offence under Section 333, I.P.C. alleging that during the course of the same transaction, due to prior enmity, in that, P.W. 1, had decided against him in a case, caused grievous hurt to P.W. 1, a public servant and prevented him from discharging his duties as such public servant.

2. The trial Judge found the appellant guilty of all the charges and sentenced him as hereunder : In respect of the first charge, the appellant was sentenced to under rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo six months' rigorous imprisonment. Under charge No. 2, he was sentenced to ten years rigorous imprisonment and to pay a fine of Rs. 3000/-, in default to undergo rigorous imprisonment for six months. Under charge No. 3, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for six months, all the sentences were directed to run concurrently.

3. The facts which led to this prosecution need narration. P.W. 1. Federick Kanakaraj, at the relevant time, when this incident had occurred, was working as District Munsif at Ponneri. On every working day he used to leave his residence at Kilpauk, Madras, on his motor cycle and reach the Central Railway Station. After parking his motor cycle at the Central Railway Station stand for motor cycles, he used to take an electric train to reach Ponneri. He had obtained permission from this Court, to stay at Madras and go for his work at Ponneri, daily. Ex.P. 1 is such permission dated 5-7-1984. Every day he used to board the electric train leaving Madras Central Railway Station at 8.25 a.m. On the fateful day i.e., on 25-4-1986, after parking his motor cycle, he was unable to board the electric train which left Madras at 8.25 a.m., and therefore, had to necessarily take the next train, which left at 9.05 a.m. P.W. 1, boarded the first class compartment in which he was authorised to travel by virtue of the Season Ticket Ex.P. 2 obtained from the Railways. Ex.P. 3 is the identification card with the photograph of P.W. 1. Ex.P. 4 is the token-cum-pass issued at the Central Railway Cycle Stand, for the parking of the Motor Cycle of P.W. 1, daily. Along with P.W. 1, P.W. 2, Ravichandran, an Engineer working in the Public Works Department at Gummudipundi and two policemen of whom one has been examined as P.W. 17, travelled in the same compartment. The appellant was known to P.W. 1, earlier. The appellant had filed a redelivery petition in E.A. No. 384 of 1984 in R.C.O.P. No. 34 of 1982 on the file of the Court of the District Munsif, Ponneri. The appellant was known to P.W. 1, since he had deposed before him in the aforementioned proceeding. The appellant was a tenant in the premises, which was the subject-matter of dispute in R.C.O.P. No. 34 of 1982 of R.C.O.P. No. 34 of 1982 related to the eviction of the appellant from the said building. The predecessor of P.W. 1, Thiru Joseph, not examined, had ordered eviction of the appe