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This Criminal Revision Petition in Crl.R.C.(MD) No.184 of 2019 has been preferred by the petitioner/accused as against the Judgment passed in C.A.No.31 of 2016 on the file of the the Additional District and Sessions Court (FTC), Thenkasi, Tirunelveli District dated 05.01.2019 by confirming the judgment and conviction passed by the learned Additional Assistant Sessions Judge, Thenkasi, Tirunelveli District in S.C.No.521 of 2008 dated 15.03.2016, whereby the trial Court convicted the accused for the offence under sections 341 and 307 of IPC and sentenced to undergo 5 years of rigorous imprisonment and to pay fine of Rs.1,000/- in default to undergo 2 months simple imprisonment for the offence under section 307 of IPC and imposed fine of Rs.250 in default to undergo one week simple imprisonment for the offence under section 341 of IPC.

2. The prosecution case is that the accused is husband of P.W.2 and https://www.mhc.tn.gov.in/judis due to misunderstanding between them in their family life, they got divorce on 12.7.2002. P.W.2 was working as Teacher in the Government School. In spite of the divorce granted by the Court, the accused compelled P.W.2 to live with him along with his son, but P.W.2 refused for the same. Due to that dispute, there was a enmity between P.W.2 and the accused. while so, on 25.7.2008, the accused left his son in the School, where, P.W.2 was working and then P.W.2 gave a complaint and the same was enquired by the police and the son of the accused was sent along with him. Thereby also, there was a enmity between the accused and P.W.2. On 29.7.2008 at about 8.55 hours, when P.W.2 along with her colleagues went to school, the accused near Thenkasi Government Hospital, waylaid P.W.2 and assaulted her with a billhook by saying that "vd;NdhL Nrh;e;J thohj eP capNuhL ,Uf;ff;$lhJ> ,j;NjhL nrj;Jg;Ngh" repeatedly the accused assaulted the victim all over the body. Thereafter, Ex.P1 complaint was given before the concerned police station and based on the complaint, FIR/Ex.P16 was registered for the offence under sections 341 and 307 of IPC. Thereafter, the case was investigated by the investigation officer/P.W.17 and then filed final report as against the accused. Thereafter, the copies of records relied on by the prosecution side were furnished to the accused under section 207 https://www.mhc.tn.gov.in/judis of Cr.P.C and then, the case was committed to the Principal District Sessions Court. The Principal District Sessions Court has made over the case to Additional Assistant Sessions Judge, Thenkasi, Tirunelveli District in S.C.No.521 of 2008. The trial Court after hearing both sides and perusing the records, framed the charges under sections 341 and 307 of IPC as against the accused. The charges were read over and explained to the accused, but he denied the said charges. The trial Court examined P.W.1 to 18 and marked Ex.P1 to 21 and also marked EXs. M.O.1 to 9. On the side of the accused, no witness was examined but Ex.D1 and D2 were marked. After completion of prosecution side evidences, the accused was examined under section 313 (1) (b) of Cr.P.C, with regard to the incriminating circumstances found against him and the same was also denied by the accused as false.

4. Aggrieved over the above said judgment, the accused preferred this revision petition on the following grounds:

1.The judgment of the lower Courts have to be set aside since according to the case of the prosecution after get down from the bus near Thenkasi new bus stand in front of the Thenkasi Government Hospital in the presence of P.W.1, 3 4 & 18 this occurrence was happened and though the occurrence was happened in busy locality but none of the independent witnesses were examined in this case. Non examination of the independent witnesses is fatal to the case of the prosecution.

7. This Court heard both sides and perused the records. Upon hearing both sides and perusing the documents, the judgement of Courts below and grounds, the point for determination in this petition is whether the judgment passed in C.A.No.31 of 2016 on the file of the Additional District and Sessions Court (FTC), Thenkasi, Tirunelveli District dated 05.01.2019 by confirming the judgement in S.C.No.521 of 2008 dated 15.03.2016 on the file of the Additional Assistant Sessions Judge, Thenkasi, Tirunelveli District is sustainable in law and on facts.