N THANGARAJULU Vs. STATE

JUDGEMENT

(1.) C.A.No.26 of 1994 has been filed by the second accused and C.A.No.37 of 1994 has been filed by the first accused in Special Case No.18 of 1990 on the file of the Special Judge and Chief Judicial Magistrate, Kumbakonam. The appellants along with the one Murugaiyan - the third accused were prosecuted by the respondent herein. For the sake of convenience, the appellants are referred as arrayed before the lower court.

(2.) THE case of the prosecution is that the appellants herein were working as Health Superintendents at Vallam. Two days prior to Deepavali in the year 1989, the second accused met one Asai Thambi P.W.1, who is running a tea shop under the name and style "Rajaji Restaurant" and informed him that A1 demanded a sum of Rs.100 by way of mamool. P.W.1 declined to pay the same. THE next day, A1 came to the shop of P.W.1 and demanded Rs.100. P.W.1 replied stating that he has started the tea shop only a month ago and hence, he is not in a position to pay any amount. A1 told him that all the shop holders have paid the sum of Rs.100 and as such, P.W.1 also has to pay the same. P.W.1 replied that there is no elders in his shop and on their arrival, P.W.1 will make arrangement for the payment.

(3.) P.W.6 and Ramasamy and other prosecution party went to the shop of A3. From there, they went to A1's house. Thereafter, they brought A3 to A1's house and made a search. No incriminating materials recovered. P.W.6 prepared the sodium carbonate solution and asked A3 to dip his fingers both left and right hands. The solution changed its colour. The solution was sealed in a bottle and sent for chemical examination through the court. After the chemical examiner's report, the charge sheet was filed.