K T V KRISHNAN Vs. P T GOVINDAN

JUDGEMENT

(1.) The first defendant in 4 suit for malicious prosecution is the appellant. Both the Courts found that the two defendants were liable in damages to the plaintiff for maliciously prosecuting him. The second defendant died during pendency of the appeal in the lower appellate Court. Her legal representatives were impleaded as appellants 3 to 7, but they have not challenged the decree of the lower appellate Court.

(2.) The case of the plaintiff is that the first defendant and his mother, the second defendant, filed a private complaint against the plaintiff stating that he along with two others had set fire to the hut in which the second defendant lived, as a result of which the second defendant was seriously injured. The second defendant was alone in the hut at the time of the incident. The criminal case ended in acquittal of the plaintiff. The prosecution, according to the plaintiff, was maliciously launched and the prosecutors were, therefore, liable in damages. Both the courts found that the defendants failed to prove that the occurrence alleged against the plaintiff occurred in the manner stated by them. On that ground the defendants were held liable to pay the plaintiff damages.

(3.) The alleged incident occurred on 30-8-1974 at about 11 a.m. The second defendant, the mother, was of advanced age and her eye sight was poor. She was closely related to the plaintiff. The complaint on her behalf was made by her son the first defendant to the police who registered Crime No. 90 of 1974, but subsequently referred the case as false. The defendants then filed a private complaint before the Judicial Second Class Magistrate, Hosdrug, and the Magistrate committed the case to the Court of Session. The case was tried by the Assistant Sessions Judge under Ss. 448, 324, 427 and 436 with S.34, I.P.C. The trial ended in the acquittal of the plaintiff and the other two accused.