This Criminal Appeal arises out of the judgment of conviction and sentence passed by Additional District Sessions Judge (Fast Track Court IV, Chennai) in S.C.No.205 of 2002 on 28.2.2003 convicting accused A1 to A3 under Section 326 r/w.34 IPC and sentencing them 3 years rigorous imprisonment and a fine of Rs.5000/-, in default to undergo rigorous imprisonment for a period of 6 months.

2. The case of the prosecution is as follows:

(a) On 27.2.2001 at 10.30 a.m. near under the Basin Bridge, adjacent to Tamilnadu Electricity Board compound wall, at Basin Bridge Railway Station, when P.W.1-Vasanthi handed over the ground nut to his sister and proceeding to see his mother, the accused were alighted from an auto and the first accused assaulted P.W.1s mother Angammal – P.W.3 on her right hand side of her head with Aruval. When the 1st accused Dakshinamoorthy attempted to assault P.W.3 again, immediately it was prevented by P.W.3 with her right hand and out of that she sustained injury on her right hand.

(b) The second accused Murthy assaulted P.W.3 on left side of her neck by Aruval. The 3rd accused Rajali inflicted injury below the chest of P.W.3. After sustaining grievous i