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1976 Supreme(Mad) 117

RATNAVEL PANDIAN
Ponnuswamy and Another – Appellant
Versus
Venkatahchalam and Another – Respondent


Advocates Appeared:K. Doraiswamy, Advocate.

Judgment :-

Accused 1 and 2 in C.C. 41 of 1974 on the file of the Judicial I Class Magistrate No. II, Salem have preferred this revision petition, canvassing the correctness and propriety of the judgment of the learned Sessions Judge, Salem dated 13-3-1975, in C.A. 11 of 1975, confirming the judgment of the trial Magistrate dated 27-12-1974 convicting the first petitioner (accused-1) for offences under Sections 326 and 324, Indian Penal Code, and the second petitioner (accused-2) under Section 324, Indian Penal Code, and sentencing the first petitioner to suffer rigorous imprisonment for six months under Section 326, Indian Penal Code (no separate sentence being passed under Section 324, Indian Penal Code) and the second petitioner to suffer rigorous imprisonment for two months under Section 324, Indian Penal Code.

2. The crux of the indictment against these two petitioners and one Chinna Ponnu (who was accused-3 before the trail Court), based on the private complaint preferred by the complainant (first respondent herein) is as follows : On 5-3-1973, at about 7.30 a.m. when the complainant was on his way to Mettur from his house, accused-1 armed with a crow-bar, accused-2 armed with






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