JUDGMENT: Appellant is the accused in S.C.No.313 of 1996 on the file of VII Additional Sessions Judge, Madras. Aggrieved over his conviction under Ss.332, I.P.C., 336, I.P.C. and 324, I.P.C. Appellant/Accused has come forward with this appeal.

2. The details of the charges framed against the acused and the findings of the Trial Court and the sentence imposed upon him are as noted below:

(1) Charge

(2) Gist of charges

(3) Finding of the Trial Court

(4) Conviction/Sentence

1. Under Sec.332, I.P.C.

Wrongful Restraint of Public Servants from discharging their duty. Found guilty. Rigorous Imprisonment for 18 months.

2. Under Sec.307, I.P.C.

Attempt to commit murder of Pandiyan. Found not guilty but found guilty under Sec.324, I.P.C. For the conviction under Sec.324, I.P.C. - Rigorous Imprisonment for six months.

3. Under Sec.336, I.P.C.

Act - endangering life or personal safety of others by rash and negligent act. Found guilty. Rigorous Imprisonment for 18 months.

4. Under Sec.506(ii), I.P.C.

Criminal Intimidation. Found not guilty. Acquitted.

3. Case of prosecution could briefly be stated thus: P.W.1 - Pandiyan (P.C.No.12409) and P.W.2 - Chellaiah (P.C.No.9759) are the Police Constables attached to R.7 Police Station, K.K.Ngar. On the forenoon of 5.3.1996, P.Ws.1 and 2 obtained Beat Ticket from the Station. They were on patrolling duty in Anna Nagar junction, Govindasamy Street. At about 11.30 a.m., when they were on duty near ‘R.R.Wine Shop’, the accused was found to be quarrelsome, shouting and quarelling. He was also found to be wielding soda bottles and breaking them. On seeing the same, P.W.s 1 and 2 rushed to the spot and when they attempted to nab the accused, he threw the soda bottles on P.Ws.1 and 2. He had also brandished M.O.1 - Knife and threatened P.Ws.1 and 2. When the accused attempted to inflict injury on P.W.1 and when he prevented the same, P.W.1 sustained injury on his left forearm. The accused fisted P.W.2 on his face. Thereafter, the accused was rounded and taken in an auto to the Police Station and handed over to P.W.5 - Inspector of Police.

4. On the occurrence, P.W.1 gave Ex.P.1 - Complaint. On the basis of Ex.P.1 - Complaint, P.W.5 registered the case in Crime No.834 of 1996 under Ss.332, 336, 307 and 506(ii) I.P.C. under Ex.P.4 - First Information Report. M.O.1 - Knife was seized under Form 95.

5. Injured P.Ws.1 and 2 were sent to the hospital. P.W.4 Dr.Arumugam treated them. He has noted incised would on the posterior aspect of left fore arm of P.W.1 and issued Ex.P.2 - Wound Certificate. Noting contusion below the right ear. P.W.4 issued Ex.P.3 - Wound Certificate regarding P.W.2 - Chellaiah.

6. P.W.5 - I.O. had taken up the investigation. He has prepared Ex.P.5 - Observations Mahazar and Ex.P.6 - Rough plan. M.O.2 (series) - Broken soda bottle pieces were seized under Ex.P.7 - Seizure Mahazar. On completion of investigation, accused was charge sheeted for various offences.

7. In the trial court, to establish the charges against the accused, Police Constables - P.Ws. 1 and 2, Medical witness - P.W.4 and Investigating Officer - P.W.5 and Independent Witness - P.W.3 (who turned hostile) were examined. On the evidence of P.Ws.1 and 2, the Trial Court found that the prosecution has proved that the accused has caused injuries to P.Ws.1 and 2. It was further, held that the accused had prevented and deterred P.Ws.1 and 2 from discharging their duty. Finding that there was no intention to attempt on the life of P.W.1, the accused was acquitted for the offence under Sec.307, I.P.C. Likewise, on the ground that there was no Criminal Intimidation, the accused was acquitted under Sec.506(ii), I.P.C.

8. Assailing the findings of the trial court, the learned counsel for the appellant/accused contended that the trial court erred in basing the conviction on the evidence of the police witnesses. Drawing the attention of the court to the hostility of P.W.3 - Tamilselvan, it is contended that the evidence was not properly

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