LAWS(KAR)-2015-9-98

A.H. MAKANDAR AND ORS. Vs. N. RAMACHANDRAN

Decided On September 02, 2015
A.H. Makandar And Ors. Appellant
V/S
N. Ramachandran Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondent-complainant.

(2.) The present appeal is filed under Section 374, Cr.P.C. challenging the judgment of conviction and sentence passed by the Principal Sessions Judge and presiding officer of Human Rights Court at Bijapur in Spl.(HR) 1/11. On the basis of a complaint filed under Section 2(d) of the Protection of Human Rights Act, (hereinafter referred to as the Act, for brevity) before the Special Court at Bijapur, a trial was held against these petitioners for the offence punishable under Section 355, I.P.C. Ultimately all the appellants have been convicted for the said offence and they have been sentenced to undergo SI for a period of 3 months and to pay a fine of Rs.10,000/- each, in default, to undergo SI for 2 months each. It is this judgment of conviction and sentence dated 24.6.2013 which is called in question in this appeal on various grounds as set out in the appeal memo.

(3.) Facts leading to the filing of the complaint and consequential trial held by the special court are as follows: