The main legal point established is the reliance on direct evidence and the applicability of the Probation of Offenders Act in determining the sentence.

JUDGMENT

(Prayer: This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the judgment dated 28.04.2018 passed in C.C.No.86 of 2014 on the file of the learned Judicial Magistrate, Musiri, Tiruchirappalli District, wherein the petitioner/A1 was found guilty under Section 294(b) IPC and directed to pay fine of Rs.1,000/- in default to undergo 15 days simple imprisonment under Section 324 IPC sentenced to undergo one year simple imprisonment, the Criminal Appeal is partly allowed and the judgment of conviction and sentence passed against the appellant for the offence under Section 294(b) IPC is hereby set aside and acquitted thereof and the sentence was confirmed to undergo simple imprisonment for one year for the offence under Section 324 IPC vide judgment dated 23.09.2019 passed in Crl.A.No.109 of 2018 on the file of the learned II Additional District and Sessions Judge, Tiruchirappalli, Tiruchirappalli District and acquit the petitioner/accused herein.)

1. This Criminal Revision Petition is directed against the concurrent judgment of conviction passed in Crl.A.No.109 of 2018, dated 23.09.2019 on the file of the II Additional District and Sessions Judge, Tiruchirappalli, confirming the judgment made in C.C.No.86 of 2014, dated 28.04.2018 on the file of the Court of Judicial Magistrate, Musiri, Tiruchirappalli District.

2.The revision petitioner is the first accused/first appellant in C.C.No.86 of 2014 on the file of the Judicial Magistrate Court, Musiri.

3. The case of the prosecution is that on 12.04.2011 at about 10.00 am, when the defacto complainant was attempting to construct a septic tank in front of his house situated in Melavaduhappatti, Musiri, the accused had restrained the complainant and his wife Chellammal from constructing septic tank and abused them in filthy language; that the first accused had attacked the defacto complainant with Aruval on his head; that the second accused had attacked the witness Chellammal with wooden log on her head; that the accused 3 and 4 had attacked the defacto complainant and the witness Chellammal with hands and sticks and caused simple injuries and that the accused by showing the weapons had threatened that they would kill them.

4. On the basis of the complaint lodged by the complainant Adaikkalam, FIR came to be registered in Crime No.205 of 2011 and after completion of investigation, final report came to be filed against four persons including the revision petitioner herein for the alleged offence under Sections 294(b), 323, 324 and 506(ii) IPC and the case was taken on file in C.C.No.86 of 2014 on the file of the Court of the Judicial Magistrate, Musiri.

5. During the trial, the prosecution, in order to prove its case, has examined seven witnesses as P.W.1 to P.W.7 and exhibited six documents as Ex.P.1 to Ex.P.6. The defence has adduced neither oral nor documentary evidence. The learned Judicial Magistrate, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed the judgment on 28.04.2018, convicting the first accused for the offence under Section 294(b) IPC and sentenced him to pay a fine of Rs.1,000/- in default to undergo 15 days imprisonment and undergo one year simple imprisonment for the offence under Section 324 IPC; (ii) convicting the second accused for the offence under Section 294(b) IPC and sentenced him to pay a fine of Rs.1,000/- in default to undergo 15 days simple imprisonment; and sentenced him to pay a sum of Rs.1,000/- in default to undergo two months simple imprisonment for the offence under Section 323 IPC; (iii) convicting the third and fourth accused for the offence under Section 294(b) IPC and sentenced them to pay a fine of Rs.1,000/- in default to undergo 15 days simple imprisonment and sentenced them to pay a fine of Rs.1,000/- (2 counts) in default to undergo two months simple imprisonment for the offence under Section 323(2 co