IMPORTANT POINT
The court confirmed the conviction and modified the sentence for the offence punishable under Section 307 IPC based on the evidence presented by the prosecution and considering the relationship between the accused and the victim.

JUDGMENT :

(Prayer: Criminal Revision Case filed under Section 397 read with 401 of the Code of Criminal Procedure praying to call for the Judgement and orders dated 11.01.2019 in C.A.No.33 of 2016 passed by the Additional District and Sessions Judge, Srivilliputhur confirming the Judgement and orders dated 23.03.2016 in S.C.No.17 of 2015 passed by the Chief Judicial Magistrate, Virudhunagar District and revise the same.)

1. Challenging the conviction and sentence passed by the Additional District and Sessions Judge, Srivilliputhur in C.A.No.33 of 2016, the present petitioner has filed this Criminal Revision Case.

2. The petitioner (accused) was charged for the offences punishable under Sections 294(b) and 307 (2 counts) IPC.

3. The case of the prosecution is that on 02.06.2014, at about 06.30 am, when the victim Gajendhraprabhu (PW1) was walking in front of a Temple near Mettupatti Village, Seithur Taluk, the present petitioner (accused), who is the brother-in-law of the victim, attacked him with a sickle (MO1), as a result of which, he sustained injuries on his left hand and fell down. The petitioner again hit him with the sickle on his legs. PW1's father (PW2) attempted to prevent the petitioner from attacking his son PW1. However, he also sustained injuries. According to the prosecution, the petitioner abused both PW1 and PW2 in filthy language. Based on the complaint (Ex.P1) given by PW1, the Sub Inspector of Police, Seithur Police Station registered FIR (Ex.P12) in Crime No.218 of 2014 against the accused for the offences punishable under sections 294(b), 324, 326, 307 (2 counts) IPC. After concluding investigation, the Inspector of Police laid a final report before the Judicial Magistrate, Rajapalayam against the accused for the aforesaid offences. The learned Judicial Magistrate after furnishing copies of records under Section 207 Cr.P.C. to the accused, committed the case to the Court of Sessions and the Principal District Judge, Srivilliputhur took the case on file in S.C.No. 17/2015 and made over the same to the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. The Chief Judicial Magistrate framed charges against the accused for the offences punishable under Sections 294(b) and 307 (2 counts) IPC.

4. In order to bring home the guilt of the accused, the prosecution examined 24 witnesses, marked 15 documents and 1 material object.

5. The circumstances appearing in evidence against the accused were put to him under Section 313 of Cr.P.C. and the accused denied of having committed any offence. However, he did not examine any witness on his side. The learned trial Judge after analysing the oral and documentary evidence, convicted the accused for the offences punishable under Sections 294(b) and 307 (2 counts) and sentenced him as detailed hereunder.

Aggrieved over the conviction and sentence passed by the trial Court Judge, the accused filed an appeal before the Additional District and Sessions Judge, Srivilliputhur in C.A.No.33 of 2016. The learned Additional District and Sessions Judge vide his Judgement and Orders dated 11.01.2019 confirmed the conviction and sentence passed by the trial Court, as against which, the present Criminal Revision Case is filed.

6. Mr.N.Mohideen Bazha, learned counsel appearing for the petitioner would contend that the accused's younger sister was given in marriage to PW1 and at the time of marriage, 21 sovereigns of gold jewels were presented to him as dowry. Since PW1 was not having good mental health, his family members pledged a portion of the jewels and gave him treatment in various hospitals. Since he was not fit for marriage, the a