JUDGMENT :

(Prayer: The Criminal Revision Petition is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records relating to Judgment passed by the learned Additional District and Sessions Judge, Periyakulam in C.A.No.54 of 2016, dated 08.09.2017 by confirming the judgment made in S.C.No.171 of 2012 on the file of the learned Assistant Sessions Judge, Periyakulam, dated 18.11.2016 and set aside the same.)

1. Aggrieved over the concurrent findings made in S.C.No.171 of 2012, on the file of the Assistant Sessions Court, Periyakulam, dated 18.11.2016 and Crl.A.No.54 of 2016, on the file of the Additional District and Sessions Court, Theni at Periyakulam, dated 08.09.2017, the revision petitioner is before this Court to check the correctness of those judgments.

2. The revision petitioner is arrayed as first accused in S.C.No.171 of 2012, on the file of the Assistant Sessions Court, Periyakulam. Before the trial Court, he stood charged for the offences punishable under Sections 294(b) and 307 of IPC. He denied the same and opted for trial. Therefore, he was put on trial on the charges.

3. After full-fledged trial, the learned Assistant Sessions Judge, Periyakulam, found the revision petitioner guilty under Section 307 of IPC, and sentenced to undergo Rigorous Imprisonment for four years and to pay a fine of Rs.1,000/-, in default, to undergo Simple Imprisonment for three months.

4. Challenging the said conviction and sentence, the petitioner/accused preferred an appeal in C.A.No.54 of 2016, before the Additional District and Sessions Court, Theni at Periyakulam. The learned Additional District and Sessions Judge, Theni at Periyakulam, by judgment, dated 08.09.2017 affirmed the findings arrived at by the trial Court and dismissed the appeal. Aggrieved over the said findings, the petitioner is before this Court with the present Criminal Revision Case.

5. The case of the prosecution in brief is as follows:-

(i) P.W.1-Balamurugan is the brother of the revision petitioner. On 05.07.2012 around 6.00 a.m., P.W.1 standing in front of the revision petitioner's house and questioned the petitioner as why you are assaulted his father. After hearing the same, the revision petitioner, abusing P.W.1 with filthy language and by taking the Spade Handle (“TAMIL”) from his house, attacked on his head. The said incident was witnessed by P.W.2-P. Balamurugan and P.W.4-Virumandi. Immediately, after the occurrence, P.W.1-Balamurugan went to the Government Hospital, Periyakulam, wherein, P.W.5-Dr.Kumar, attached with said Hospital examined P.W.1 and found the following injuries:-

“(i) There is a cut injury on the forehead 8x2x1 c.m., size

(ii) There is another cut injury on the head 5x2x1 c.m., size.”

After seeing the said injury, P.W.5 advised the P.W.1 to take CT Scan, but the same was refused by P.W.1 and therefore, P.W.5 could not given any opinion in respect to the nature of injuries sustained by P.W.1.

(ii) In the meantime, on 05.07.2012 around 7.45 a.m., P.W.8- Pitchaimani, the then Sub-Inspector of Police received the information from the Government Hospital, Periyakulam and on receipt of the said information, he went to the hospital and recorded the statement from P.W.1.

(iii) After recording the statement from P.W.1, he returned to the Police Station and registered a case against the revision petitioner and against his wife in Cr.No.275 of 2012, for the offences punishable under Section 294(b) and 307 of IPC. The complaint given by P.W.1 and the FIR were marked as Ex.P1 and Ex.P7 respectively. After registration of the case, the copy of the FIR has been handed over to P.W.9-Ilangovan, the then Inspector of Police, for investigation.

(iv) In turn, P.W.9 took up the investigation and on the same day, around 9.20 a.m., he visited the scene of occurrence and in the presence of witnesses, he prepared an Observation Mahazar under Ex.P5. He drawn the Rough Sketch under Ex.P8. From the occurrence place, in the presence of same witness