VISWANATHAN Vs. SIVASANKAR

JUDGEMENT

(1.) This Criminal Appeal filed under Section 378(4) of the Code of Criminal Procedure, filed against the order dated 13.09.2006 passed in C.C.No.95 of 2004 on the file of the learned Judicial Magistrate No.III, Nagercoil, dismissing the case of the appellant for an alleged offence under Section 148, 447, 379 and 506(ii) of I.P.C.

(2.) The following is the factual matrix of the appellant's case. 2.1. The appellant filed a private complaint against the respondents stating that on 22.11.2002 at about 06.00. p.m. the respondents entered into the complainant's shop with a log stick and threatened the complainant that they would kill him. The 2nd respondent took a scissor from the shop and threatened the complainant that he would kill him. The 2nd and 3rd respondents had fished the complainant on his face and on the rear of his body and tugged the hair of the complainant and also used abusive language. The 2nd respondent had taken Rs.500/- forcibly from the complainant's pocket. The 3rd respondent took Rs.3,000/- from the cash box lying in the shop, besides all the accused persons had taken away textile goods and fancy were worth about Rs.20,000/-. Further all the respondents threatened the complainant for vacate the shop and deliver the vacant for him. Hence the complainant filed this complaint against the respondents in proper to punish them. They said complaint taken on file by the learned Judicial Magistrate, an alleged offence under Sections 147, 148, 447, 579 and 506(ii) of I.P.C.

(3.) The complainant was examined as P.W.1 and he had marked 15 documents to establish his case namely, (1) High Court order (2) Rental receipt (3) Electricity bill (4) Electricity card (5) Telegram complaint to the Sushintharam Police Station (6) Copy of the complainant sent to the Sub-Inspector of the Police Station (7) Complaint to the District Collector (8) Telegraph copy to the Sub-Inspector (9) Telegram complaint to the District Superintendent of Police (10) Copy of the complaint sent to the Superintendent of Police (11) Rental agreement between the complainant and the accused' father (12) Interim order passed in O.S.No.620 of 2002 (13) Complaint filed before the Judicial Magistrate No.III, (14) Photo copies and (15) Receipt of the Photographs.