MARY PAPPA JEBAMANI Vs. GANESAN

JUDGEMENT

(1.) Leave as prayed for was granted and hence the counsel for the contesting parties were finally heard.

(2.) The complainant/appellant (Mary Pappa Jebamani) herein has filed this appeal by way of special leave bearing SLP (Crl.) No.4149/11) against the judgment and order dated 25.2.2010 passed in Crl. R.C. (MD) No.620/2008 of Madurai Bench of the Madras High Court by which the learned single Judge while exercising his revisional jurisdiction was pleased to set aside the judgment and order dated 26.6.2008 passed by the Principal Sessions Court, Virudhunagar District at Srivilliputhur being the first appellate court who had been pleased to set aside the order of acquittal passed by the trial court against the accused/respondents herein for the offences punishable under Sections 294(b) and 323 of the Indian Penal Code (for short 'IPC'). Thereafter, the appellants herein also filed an application bearing MP (MD) SR No. 15619/2010 in the aforesaid criminal revision for allowing the application by ordering retrial of the accused respondents which petition was dismissed as not maintainable vide order dated 7.1.2011 against which the complainant/appellant filed the analogous petition for Special Leave to Appeal (Crl.) No. 4150/2011. It is thus clear that the complainant has filed one special leave petition against the order by which the acquittal of the respondents/accused persons has been restored by the High Court by allowing their criminal revision and has dismissed the application of the complainant/appellant by which re-trial of the accused respondents had been sought.

(3.) In order to examine the correctness of the impugned orders of the High Court, it appears essential to relate the facts of the case giving rise to these two appeals which disclose that a criminal complaint bearing crime No. 152/2005 was registered by the Sub Inspector of Police wherein it was stated that at about 7.30 p.m. on 24.6.2005, the appellant/complainant and her father while walking down the street to their residence were way laid by the respondents who verbally abused them and beaten them with wooden logs. Hence a case was registered for offences under Section 294(b) and 323 IPC. After investigation and submission of chargesheet, a summary trial bearing case No. 1/2007 was conducted by the Chief Judicial Magistrate, Virudhunagar District wherein the complainant/PW-1 and her father PW-4 deposed not only against the accused respondents herein but also against three other female members of the accused party. However, PW-2 and PW-3 who were cited as eye- witnesses turned hostile and the deposition of PW-1, PW-4 and PW-9 who is the daughter of PW-1 complainant were not relied upon as the trial court being the Chief Judicial Magistrate, Virudhunagar District held that the complaint did not disclose the nature of abusive language used by the accused as also the fact that the eye-witnesses had turned hostile. The trial court, therefore, vide its order dated 20.4.2007 was pleased to give benefit of doubt to the accused persons and they were held not guilty for offences under Sections 294(b) and 323 IPC.