VALLI Vs. STATE

JUDGEMENT

(1.) Smt. Valli, P.W.2 in S.C. No. 214 of 1995 on the file of Principal Sessions Court, Thanjavur, has preferred the revision petition aggrieved against the judgement of acquittal dated 11.7.1997.

(2.) The case in brief is as follows: The petitioner's family was residing in Natham poromboke near Alathur Government Hospital in 4 thatched houses for the past 30 years. They belong to Scheduled Caste. The accused except two belong to other community and they forced the petitioner and others to vacate the place. On 20.12.1993 at about 12.00 Noon, they attacked the houses and destroyed the houses and valuable articles were also missing. They escaped form the attack. The Inspector of Police, Pattukkottai laid a charge against the accused and they formed themselves as members of unlawful assembly with common object of destroying the dwelling houses of Vijayapandian and in furtherance of common object, caused damage to the dwelling houses and also threatened their life and they have committed the offences punishable under Sections 148, 3(1)(x} of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities). Act (hereinafter referred to as S.C. and ST. Act.) road with 427 IPC and also under Sections 395 and 506(ii) IPC. The prosecution examined 8 witnesses and marked Exs. P. 1 to P.4 to prove the case.

(3.) P.W. 1 Vijaya Pandian was residing in Alathur Village and he belongs to Adi Dravidar Community. He is employed in King Chemicals at Vadacheri and his eider brother P.W.3 is employed as Office Assistant in Pattukkottai Polytechnic. P.W.2 is the mother of P.Ws. 1 and 3. P.W.4 is the wife of P.W.3. They were residing in Natham poromboke near Alathur Government. Hospital in 4 thatched houses for last 30 years. The accused came there and called upon them to vacate the thatched houses. When they questioned as to why they should vacate the houses, they abused P.Ws.1. to 4 by their community and the 2nd accused dismantled the roof of the houses and other accused also destroyed the houses. They also threw the dismantled articles in the pond. Apart from that, the bureau, doors and other articles were also thrown out and educational qualification certificates were also torn. The accused were having deadly weapons like crowbar, spades, etc. When they attempted to escape from the place, again they were threatened. Later, they escaped from the place and went in a bus proceeding to Pattukkottai. Since they were afraid of their lives, they did not go to the police station, but were hiding in Balakrishnan Polyclinic at Pattukkottai. They saw the accused wandering outside the clinic and on the next day morning, P.W. 1 went to the police station and gave complaint Ex. P. 1. About 15 sovereigns of gold jewels, cash of Rs. 8000/- silk sarees and other articles were also taken away. P.Ws.2 to 4 were also examined to corroborate the testimony of P.W.1.