The main legal point established is the assessment of evidence to determine the appropriate section of IPC for conviction and the use of fine as compensation under Section 357(1) of Cr.P.C.

Common Judgment:

These revisions have been preferred against the judgment in C.C.No.222 of 2002 on the file of the Judicial Magistrate No.II, Udumalpet.

2. The short facts of the case of the prosecution is that on 110. 2002 at about 9.00 pm the accused had waylaid the lorry bearing registration No.TDY-9983, which was driven by the driver Marimuthu (P.W.3) by parking his jeep bearing registration No.TN.55-4444 in the midst of the road thereby wrongfully restraining P.W.3 Marimuthu from proceeding further in his lorry and also criminally intimidated P.W.3, with a Koduval and when P.W.3 informed about the occurrence to P.W.1, his employer, P.W.1 rushed to the place of occurrence and asked whether the accused had restrained his driver, thereupon the accused has assaulted P.W.1 with an aruval causing injury on his right middle finger. Hence, the accused has been charged under Section 341, 352, 326 and 506(ii) IPC.

3. The case was taken on file by the learned Judicial Magistrate and on appearance of the accused, on summons, copies under Section 207 of Cr.P.C., were furnished to the accused and charges were framed under Section 341, 352, 326 and 506(ii) IPC and when questioned, the accused pleaded not guilty. On the side of the prosecution P.W.1 to P.W.15 were examined and Ex.P.1 to Ex.P.7 were exhibited and M.O.1 to M.O.4 were marked.

4. P.W.1 in his evidence would depose that on 110. 2002 at about 9.00 pm his lorry driver Marimuthu (P.W.3) came and informed him that while he was proceeding in his lorry the accused had wrongfully restrained him near Paraimedu by parking his jeep bearing registration No.TN.55-4444 across the road and also criminally intimidated him with an aruval. Immediately along with Karupasamy (P.W.2) went to the place of occurrence and saw the jeep belonging to the accused was parked across the road and when enquired about the complaint made by P.W.3, the accused took up an aruval and attempted to cut him which was resisted by him with his right hand and during the assault he received a cut injury in the right middle finger. He has identified M.O.1 as the aruval used by the accused in assaulting him. He would further depose that on seeing the villagers rushing towards him the accused left the aruval in the place of occurrence itself and took to his heels and while he was returning to his house a person by name Thangavel came in a two wheeler helped him to go to government hospital Udumalpet, wherein he was given first aid and then referred to the government hospital at Coimbatore. M.O.2 is the blood stained shirt and M.O.3 is the blood stained dothi recovered by the police from P.W.1 after the occurrence. P.W.1 has preferred Ex.P.1-complaint.

5. P.W.2 - Karupasamy is the brother of P.W.1. According to him, on 110. 2002 he followed the lorry bearing registration No.TDY-9983 to his village on the eve of Ayuthapuja and that the accused had parked his jeep bearing registration No.TN.55-4444 in the midst of the road obstructing the lorry from proceeding further and that the accused had made an attempt to assault the lorry driver, immediately he along with the lorry drive went and informed P.W.1, who also accompanied them to the place of occurrence and when he enquired about the incident, the accused had assaulted P.W.1 with an aruval on the right middle finger causing grievous injury. He has identified M.O.1 as the aruval used by the accused at the time of the occurrence.

6. P.W.3 is the driver of the lorry bearing registration No.TDY-9983, who has also corroborated the evidence of P.W.1 & P.W.2. P.W.4 is also an eye witness to the occurrence. P.W.5 is not an ocular witness, but only a circumstantial witness. P.W.6 is also an eye witness to the occurrence. P.W.7 has seen the injured after the occurrence in the place of occurrence. P.W.8 is also not an occurrence witness. P.W.9 is a witness in the recovery mahazar Ex.P.2 for the recovery of M.O.3-dothi from the injured P.W.1. P.W.10 is a witness in the