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2017 Supreme(Mad) 2197

N.AUTHINATHAN
Duraiswamy – Appellant
Versus
State by The Inspector of Police Masinakudi Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr. J. Stalin
For the Respondent:Mr. K. Madhan Government Advocate

JUDGMENT :

1. The accused is the appellant.

2. This appeal is directed against the conviction and sentence imposed in S.C.No.20 of 2012, on the file of the learned Sessions Judge, Magalir Court [Fast Track], Udahamandalam, ordering the accused to undergo Rigorous Imprisonment for 3 years and also to pay a fine of Rs.5,000/-, in default, to undergo further period of 6 months Simple Imprisonment and compensation of Rs.3,00,000/-, in default, to undergo one year Rigorous Imprisonment of the offence under Section 326 IPC.

3. The facts necessary for the disposal of the appeal, are as follows :-

(i) Indira [P.W.2] is the daughter of Pushpa [P.W.1]. The accused is the husband of Indira [P.W.2]. P.W.1 is a resident of Masinagudi, near Gudalur. The accused used to quarrel with P.W.2 suspecting her fidelity. On 24.02.2010, P.W.2 was at her mother’s house. At about 10.15 p.m., the accused, who came there, attacked P.W.2 using M.O.1 [bill hook]. She sustained injuries. Immediately, she was taken to the Government Hospital, Udahamandalam.

(ii) Dr. V. Pandian [P.W.9] examined her and found the following injuries;

“ (i) Left wrist and hand separated from forearm.

(ii) 6 x 5 x 4 cm lacerated wound on Rt




































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